Salisbury, et al. v. Hickman, et al.

Filing 60

Stipulation to Vacate Judgment and Dismiss Complaint with Prejudice for Case and Complaint of Plaintiff Kim Downey; ORDER Vacating Judgment Non Pro Tunc and Entering Dismissal of Complaint with Prejudice as to Plaintiff Kim Downey, signed by District Judge Lawrence J. O'Neill on 5/7/13. (Verduzco, M)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Anthony N. DeMaria, #177894
5 River Park Place East
3 Fresno, California 93720-1501
Telephone:
[phone]
4 Facsimile:
[phone]
5 Attorneys for Defendants ARTHUR E.
HICKMAN, individually and as trustee of the
6 Hickman Family Trust Dated 09-22-90;
JAQUELINE D. HICKMAN, individually and as
7 trustee of the Hickman Family Trust Dated
09022090; JOSEPH TERMINI, individually and
8 dba CHARTER REALTY AND PROPERTY
MANAGEMENT.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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LAREN SALISBURY and KIM DOWNEY,

Case No. 1:12-cv-01098-LJO-JLT

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Plaintiffs,
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v.
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ARTHUR E. HICKMAN, individually and as
18 trustee of the Hickman Family Trust Dated 0922-90; JAQUELINE D. HICKMAN,
19 individually and AS TRUSTEE OF THE
Hickman Family Trust Dated 09-22-90;
20 JOSEPH TERMINI, individually and dba
CHARTER REALTY AND PROPERTY
21 MANAGEMENT; and UMBERTO CRIMI,
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STIPULATION TO VACATE
JUDGMENT AND DISMISS COMPLAINT
WITH PREJUDICE FOR CASE AND
COMPLAINT OF PLAINTIFF KIM
DOWNEY; ORDER VACATING
JUDGMENT NON PRO TUNC AND
ENTERING DISMISSAL OF
COMPLAINT WITH PREJUDICE AS TO
PLAINTIFF KIM DOWNEY

Defendants.
Plaintiff, KIM DOWNEY, and defendants ARTHUR E. HICKMAN, individually and as

24 trustee of the Hickman Family Trust Dated 09-22-90; JAQUELINE D. HICKMAN, individually and
25 as trustee of the Hickman Family Trust Dated 09022090; JOSEPH TERMINI, individually and dba
26 CHARTER REALTY AND PROPERTY MANAGEMENT, previously resolved this case by way of
27 offer and acceptance of settlement under FRCP 68. By operation of FRCP 68, judgment was entered
28 on the settlement offer. The parties now agree and so stipulate to VACATE the judgment, non pro
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

1 tunc, and thereafter enter a Dismissal with prejudice as to the entire case and entire Complaint of KIM
2 DOWNEY. A release shall be signed by KIM DOWNEY as to all defendants. The parties agree and
3 stipulate that good cause exists therefore, and stipulate that the Court may and should enter the
4 following Orders:
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1.

Vacate the Judgment entered pursuant to the FRCP 68 settlement, for the case of KIM

6 DOWNEY, non pro tunc, as to all parties; and
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2.

Accept and enter the Dismissal with Prejudice of the entire case and Complaint of KIM

8 DOWNEY, ordering KIM DOWNEY’s Complaint Dismissed with Prejudice.
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The parties agree that this Stipulation may be signed in counterpart, and each counterpart shall

10 be deemed an original, and all counterparts so executed shall constitute one Stipulation, and further,
11 that faxed signatures shall be valid and binding as original signatures.
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The matter shall remain settled, but the settlement shall now be concluded upon a Release and

13 Dismissal. This stipulation, and the stipulated Order, below, is only as to the action and Complaint of
14 KIM DOWNEY, and does not affect the Complaint and action of LAREN SALISBURY. All parties
15 are to bear their own costs and attorneys’ fees. The parties thank the Court for the same. The parties
16 stipulate and agree that the Court execute and enter the Order included herein.
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18 Dated: May ___, 2013

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/s/ Anthony N. DeMaria
Anthony N. DeMaria
Attorneys for Defendants ARTHUR E. HICKMAN,
individually and as trustee of the Hickman Family
Trust Dated 09-22-90; JAQUELINE D.
HICKMAN, individually and as trustee of the
Hickman Family Trust Dated 09022090; JOSEPH
TERMINI, individually and dba CHARTER
REALTY AND PROPERTY MANAGEMENT
By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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1 Dated: May 2, 2013

GREATER BAKERSFIELD LEGAL
ASSISTANCE, INC.

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By:

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/s/ Mark A. Roy
Mark A. Roy
Attorneys for Plaintiffs

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Dated: May ___, 2013

BRANCART & BRANCART

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By:

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/s/ Christopher Brancart
Christopher Brancart
Attorneys for Plaintiffs

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Dated: May ___, 2013

BORTON & PETRINI

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/s/ James J. Braze
James J. Braze
Attorneys for Defendants ARTHUR E. HICKMAN,
individually and as trustee of the Hickman Family
Trust Dated 09-22-90; JAQUELINE D.
HICKMAN, individually and as trustee of the
Hickman Family Trust Dated 09022090; JOSEPH
TERMINI, individually and dba CHARTER
REALTY AND PROPERTY MANAGEMENT and
UMBERTO CRIMI
By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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ORDER TO VACATE JUDGMENT ENTERED IN FAVOR OF KIM DOWNEY,
NON PRO TUNC, AND DISMISS WITH PREJUDICE THE ENTIRE COMPLAINT OF
KIM DOWNEY WITH PREJUDICE
Based Upon the Stipulation of counsel and good cause appearing therefore, the Court hereby
ORDERS that the judgment entered pursuant to the FRCP 68 settlement in favor of KIM DOWNEY
as to ARTHUR E. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09-2290; JAQUELINE D. HICKMAN, individually and as trustee of the Hickman Family Trust Dated
09022090; JOSEPH TERMINI, individually and dba CHARTER REALTY AND PROPERTY
MANAGEMENT, a copy of which is attached hereto as Exhibit “A”, entered on December 17, 2012,
is VACATED in its entirety, non pro tunc.
Further, based upon the stipulation of counsel, the Court hereby ORDERS that the Complaint
of KIM DOWNEY IS DISMISSED WITH PREJUDICE in its entirety, as to all defendants and all
parties, further, all parties to bear their own costs, fees and attorneys’ fees.
The Complaint of LAREN SALISBURY shall remain active and is not dismissed. The clerk is
directed not to close this action.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

May 7, 2013

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UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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66h44d

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 RIVER PARK PLACE EAST
FRESNO, CA 93720-1501

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