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

Filing 508

ORDER GRANTING Stipulated Request for DISMISSAL by Richard Laster, Paragon Cleaners, Inc., The Coppola Parties, and the Nash Parties, signed by District Judge Anthony W. Ishii on 10/18/2017. (Martin-Gill, S)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Attorney for Defendant
RICHARD LASTER

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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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Case No. 1:11-cv-01257-AWI-BAM
ORDER GRANTING STIPULATED
REQUEST FOR DISMISSAL BY
RICHARD LASTER, PARAGON
CLEANERS, INC., THE COPPOLA
PARTIES, AND THE NASH PARTIES

Plaintiffs,
v.
PARAGON CLEANERS, INC. (formerly sued
as GREGORY SMITH, an individual);
RICHARD LASTER, an individual; et al.,

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Defendants.
AND RELATED CROSS-ACTIONS.

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Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c); the terms of the
Settlement Agreement and Mutual Release; and the Court’s Orders approving the Good Faith
Settlements and Vacating Hearing Date of: (1) Defendant Richard Laster [document 506]; (2)
Defendant Paragon Cleaners, Inc. [document 504] and (3) Defendants the Nash Parties
[document 505]; the following parties: Plaintiffs Gary Coppola, Gary Coppola, as Successor
Trustee Of the Viola M. Coppola Irrevocable Trust, and Gary Coppola, as Trustee of the

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Anthony M. Coppola Trust (hereinafter collectively “Coppola”); Defendant, Cross-Complainant,

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and Counter-Claimant Paragon Cleaners, Inc. (hereinafter “Paragon”); Defendant, Cross1

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Complainant, and Counter-Claimant Richard Laster (hereinafter “Laster”); Defendants and
Cross-Defendants the Estate of Decatur Higgins, Deceased, the Estate of Mabel Elaine Higgins,
Deceased, Nash Properties, LLC, David H. Nash as successor co-trustee of the Jane Nash Trust,
and Richard P. Nash as successor co-trustee of the Jane Nash Trust (hereinafter collectively “the
Nash Parties”), hereby stipulate and agree through their respective attorneys of record as follows:

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1. Coppola’s Eighth Amended Complaint in the above captioned action is hereby

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dismissed with prejudice, including their entire action and all claims encompassed

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therein, against only Laster, Paragon, and the Nash Parties.

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2. The Nash Parties’ counter-claims and cross-claims in the above captioned action are

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hereby dismissed with prejudice, including their entire action and all claims

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encompassed therein, against Laster, Paragon, and Coppola.

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3. Laster’s counter-claims and cross-claims in the above captioned action are hereby

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dismissed with prejudice, including his entire action and all claims encompassed

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therein, against Coppola and the Nash Parties.

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4. Paragon’s counter-claims and cross-claims in the above captioned action are hereby

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dismissed with prejudice, including its entire action and all claims encompassed

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therein, against Coppola and the Nash Parties.

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

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

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settlement agreement.

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

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merits.

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IT IS SO STIPULATED
Dated: October 16, 2017

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GUALCO LAW
By: /s/ Lori J. Gualco
LORI J. GUALCO
Attorney for RICHARD LASTER

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Dated: October 16, 2017

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GUALCO LAW
By: /s/ Lori J. Gualco
LORI J. GUALCO
Attorney for PARAGON CLEANERS, INC.

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Dated: October 18, 2017

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By: /s/ Jan A. Greben as authorized 10/18/17
JAN A. GREBEN
CHRISTINE M. MONROE
Attorneys for 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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GREBEN & ASSOCIATES

Dated: October 16, 2017

WILLIAMS, BRODERSEN & PRITCHETT LLP
By: /s/ Steven R. Williams as authorized 10/16/17
STEVEN R. WILLIAMS
Attorneys for THE JANE HIGGINS NASH
TRUST; JANE NASH AS EXECUTOR OF
THE ESTATE OF DECATUR HIGGINS
A/K/A THE ESTATE OF MABEL ELAINE
HIGGINS; NASH PROPERTIES LLC
[DOE # 1]; DAVID H. NASH, as the successor
co-trustee of the WILLIAM P. NASH AND
JANE H. NASH REVOCABLE TRUST
[DOE # 2]; and RICHARD P. NASH, as the
successor co-trustee of the WILLIAM P. NASH
and JANE H. NASH REVOCABLE TRUST
[DOE # 3]

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ORDER

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

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1. Coppola’s Eighth Amended Complaint in the above captioned action is dismissed

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

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against only Laster, Paragon, and the Nash Parties.

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2. The Nash Parties’ counter-claims and cross-claims in the above captioned action are

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dismissed with prejudice, including their entire action and all claims encompassed

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therein, against Laster, Paragon, and Coppola.

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3. Laster’s counter-claims and cross-claims in the above captioned action are dismissed

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with prejudice, including his entire action and all claims encompassed therein,

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against Coppola and the Nash Parties.

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4. Paragon’s counter-claims and cross-claims in the above captioned action are

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dismissed with prejudice, including its entire action and all claims encompassed

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therein, against Coppola and the Nash Parties.

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

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

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settlement agreement.

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

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merits.

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IT IS SO ORDERED.
Dated:

October 18, 2017
SENIOR DISTRICT JUDGE

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