Viola Coppola, et al v. Gregory Smith, et al

Filing 430

STIPULATED REQUEST for DISMISSAL Regarding Martin and Martin Properties, LLC, Only; ORDER, signed by District Judge Anthony W. Ishii on 7/6/16. Martin and Martin Properties, LLC terminated. (Gonzalez, R)

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GREBEN & ASSOCIATES
125 E. DE LA GUERRA ST., STE 203
SANTA BARBARA, CA 93101
TEL: [phone]
FAX: [phone]

Jan A. Greben, SBN 103464
[e-mail]
Christine M. Monroe, SBN 304573
[e-mail]
Attorneys for Plaintiffs GARY COPPOLA, an individual; GARY COPPOLA, as SUCCESSOR
TRUSTEE OF THE VIOLA M. COPPOLA IRREVOCABLE TRUST; and GARY COPPOLA,
as TRUSTEE OF THE ANTHONY M. COPPOLA TRUST

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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GARY COPPOLA, an individual, GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST;

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Plaintiffs,

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STIPULATED REQUEST FOR DISMISSAL
REGARDING MARTIN AND MARTIN
PROPERTIES, LLC, ONLY; [PROPOSED]
ORDER

v.

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Case No.: 1:11-CV-01257-AWI-BAM

PARAGON CLEANERS (formerly sued as
GREGORY SMITH, an individual); et al.

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Defendants.

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RELATED CROSS AND COUNTERCLAIMS

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On July 5, 2016, Plaintiffs and Defendant Martin and Martin Properties, LLC filed the
following stipulation:

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Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c), the Court’s Order

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approving the good faith settlement [Document No. 425], and the terms of the settlement, Plaintiffs

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and counter-defendants Gary Coppola, an individual, Gary Coppola, as Successor Trustee of The

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Viola M. Coppola Irrevocable Trust; and Gary Coppola, as Trustee of The Anthony M. Coppola
-1STIPULATED REQUEST FOR DISMISSAL RE MARTIN; ORDER

1:11-CV-01257-AWI-BAM

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Trust (“Plaintiffs”) and Martin and Martin Properties, LLC (“Martin”) (collectively the “Parties”)

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hereby stipulate and request that the Court enter an Order as set forth in the terms below.

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1. Plaintiffs’ complaint in the above captioned action is hereby dismissed with

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prejudice, including their entire action and all claims encompassed therein, against

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Martin, only;

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2. Martin’s counterclaim in the above captioned action is hereby dismissed with

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prejudice, including their entire action and all claims encompassed therein, against

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Plaintiffs;

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3. Each party shall bear their own attorney’s fees and costs;
4. This Court shall retain jurisdiction over the parties for purposes of enforcing the
settlement agreement reached by and between Plaintiffs and Martin; and
5. The foregoing dismissals are voluntary and shall not operate as an adjudication on the
merits.

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Dated: July 6, 2016

GREBEN & ASSOCIATES

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/s/ Jan A. Greben
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiffs and Counter Defendants
GARY COPPOLA, an individual; GARY
COPPOLA, as SUCCESSOR TRUSTEE OF
THE VIOLA M. COPPOLA IRREVOCABLE
TRUST; and GARY COPPOLA, as TRUSTEE
OF THE ANTHONY M. COPPOLA TRUST

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Dated: July 6, 2016

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ALLEN, MATKINS, LECK, GAMBLE,
MALLORY & NATSIS LLP

(Authorized on 7/5/2016)
/s/ Tim C. Hsu
Emily L. Murray
Tim C. Hsu
Attorneys for Defendant and Counterclaimant
MARTIN AND MARTIN PROPERTIES, LLC
-2STIPULATED REQUEST FOR DISMISSAL RE MARTIN; ORDER

1:11-CV-01257-AWI-BAM

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ORDER1

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The Parties having stipulated and agreed, and good cause appearing thereon, it is hereby

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ORDERED:

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1. Plaintiffs’ operative complaint in the above captioned action is dismissed with

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prejudice, including their entire action and all claims encompassed therein, against

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Martin, only;2

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2. Martin’s counterclaims in the above captioned action are dismissed with prejudice,

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including its entire action and all claims encompassed therein, against Plaintiffs;

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3. The Clerk shall note that Martin and Martin Properties, LLC has been

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TERMINATED from this action as of July 5, 2016;

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4. Each party shall bear their own attorney’s fees and costs;

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5. This Court shall retain jurisdiction over the parties for purposes of enforcing the

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settlement agreement reached by and between Plaintiffs and Martin; and

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6. The foregoing dismissals are voluntary shall not operate as an adjudication on the

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merits.

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IT IS SO ORDERED.
Dated: July 6, 2016
SENIOR DISTRICT JUDGE

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The Court notes that in the order approving Plaintiff’s and Martin’s settlement, the Court stated that once dismissal
papers were filed, the Court intended to dismiss both Martin and its counterclaims from this case. See Doc. No. 425 at
p.10 n.7. No party objected or responded to that order.
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All other claims by Plaintiffs against all other defendants remain pending and open.
-3STIPULATED REQUEST FOR DISMISSAL RE MARTIN; ORDER

1:11-CV-01257-AWI-BAM