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

Filing 432

STIPULATED Request for Dismissal Regarding Visalia Unified School District, ONLY and ORDER, signed by District Judge Anthony W. Ishii on 7/8/16. Visalia Unified School District 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 VISALIA UNIFIED
SCHOOL DISTRICT, ONLY; [PROPOSED]
ORDER

v.

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Case No.: 1:11-CV-1257-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 7, 2016, Plaintiffs and Defendant Visalia Unified School District 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. 426], 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 VUSD; ORDER

1:11-CV-01257-AWI-BAM

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Trust (“Plaintiffs”) and Visalia Unified School District (“VUSD”) (collectively the “Parties”) hereby

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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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VUSD, only;

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2. VUSD’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 VUSD; and
5. The foregoing dismissals are voluntary and shall not operate as an adjudication on the
merits.

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Dated: July 8, 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 5, 2016

NELSON & ROZIER

(Per authorization)
/s/ John L. Rozier
John L. Rozier
Clayton Christenson
Attorneys for Defendant and Counterclaimant
VISALIA UNIFIED SCHOOL DISTRICT
-2STIPULATED REQUEST FOR DISMISSAL RE VUSD; ORDER

1:11-CV-01257-AWI-BAM

ORDER1

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

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

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

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only;2

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2. VUSD’s counterclaim in the above captioned action is dismissed with prejudice,

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

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3. The Clerk shall not that Visalia Unified School District has been TERMINATED

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from this action as of July 7, 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 VUSD; 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 8, 2016
SENIOR DISTRICT JUDGE

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The Court noes that in the order approving Plaintiff’s and VUSD’s settlement, the Court stated that once dismissal
papers were filed, the Court intended to dismiss both VUSD and its counterclaims from this case. See Doc. No. 426 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 VUSD; ORDER

1:11-CV-01257-AWI-BAM