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

Filing 546

STIPULATION and ORDER DISMISSING CASE signed by District Judge Anthony W. Ishii on 12/13/2018. CASE CLOSED.(Flores, E)

1
2
3
4
5
6
7

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 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

8
UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

10
11
12
13
14

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;

STIPULATED REQUEST FOR
DISMISSAL; [PROPOSED] ORDER

Plaintiffs,

15
16

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

v.

17

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

18

Defendants.

19
20

RELATED CROSS AND COUNTERCLAIMS

21
22
23

Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(2) and (c), and the terms of the

24

settlement, Plaintiffs and counter-defendants Gary Coppola, an individual, Gary Coppola, as

25

Successor Trustee of The Viola M. Coppola Irrevocable Trust; and Gary Coppola, as Trustee of The

26

Anthony M. Coppola Trust (“Plaintiffs”) and the City of Visalia (“City”) (collectively the “Parties”)

27

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

28

resolve all remaining matters warranting the dismissal of the above-captioned action in its entirety.
-1STIPULATED REQUEST FOR DISMISSAL; ORDER

1:11-CV-01257-AWI-BAM

1

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

2

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

3

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

4

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

5

Plaintiffs;

6

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

7

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

8

merits.

9
10

Dated: December 12, 2018

GREBEN & ASSOCIATES

11
12

/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

13
14
15
16
17
18
19

Dated: December 12, 2018

HERR, PEDERSEN & BERGLUND LLP

(per authorization)

20

/s/ Leonard C. Herr
Leonard C. Herr
Caren Curtiss
Attorneys for Defendant CITY OF VISALIA

21
22
23

///

24

///

25

///

26

///

27

///

28

///
-2STIPULATED REQUEST FOR DISMISSAL; ORDER

1:11-CV-01257-AWI-BAM

1
2
3

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

4

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

5

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

6

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

7

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

8

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

9

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

10
11

merits.
Based on the foregoing, this Order serves to dismiss the above-captioned action in its entirety.

12
13
14

IT IS SO ORDERED.
Dated: December 13, 2018
SENIOR DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3STIPULATED REQUEST FOR DISMISSAL; ORDER

1:11-CV-01257-AWI-BAM