ADP Commercial Leasing, LLC et al v. M.G. Santos, Inc. et al

Filing 83

ORDER on Notice of Settlement and Stipulated Joint Motion to Stay All Deadlines Pending Consummation of Settlement. All pending deadlines in this case are VACATED. On or before 10/8/2014, the parties shall either file a stipulated dismissal of this lawsuit or if the pending settlement is not consummated, the parties shall request a telephonic hearing to re-set the remaining deadlines and hearing dates for this matter. Order signed by Magistrate Judge Sheila K. Oberto on 6/12/2014. (Timken, A)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

10
11
12
13
14
15
16

ADP COMMERCIAL LEASING,
LLC, a Delaware limited liability
company, ADP DEALER SERVICES,
INC., a Delaware corporation, and IP
NETWORKED SERVICES, INC., a
Delaware corporation,
Plaintiffs,

17
18
19
20
21
22

vs.
M.G. SANTOS, INC., a California
corporation, which does business as
Toscano RV Center and West Side
Sales Co.,Inc. which does business as
Westside Ford, and Michael Santos
Defendants.

:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:

Case No.: 1:13-CV-00587-LJO-SKO
Notice of Settlement and Stipulated
Joint Motion to Stay all Deadlines
pending Consummation of
Settlement; Order Thereon

23
24
25

Plaintiffs ADP Commercial Leasing, LLC, ADP Dealer Services, Inc., and
IP Networked Services, Inc. (collectively the “Plaintiffs”), and defendants M.G.

26
27

Santos, Inc. DBA Toscano RV Center, and West Side Sales Co., Inc. DBA

28

1
Notice of Settlement and Joint Motion to Stay; ORDER THEREON

1
2

Westside Ford, and Michael Santos (collectively, the “Defendants”), hereby
respectfully submit this Notice of Settlement and Joint Motion to Stay all

3

Deadlines pending consummation of the terms, and show:
4
5
6

1. The remaining parties to this case reached a settlement and executed a
Joint Release and Settlement Agreement. The settlement calls for

7
8
9

performance to take place over the next 120 days.
2. The settlement will dispose of all parties and all issues. Claims by and

10
11
12
13

against Defendant Bonessa Enterprises, Inc. were previously dismissed
with prejudice in prior orders of this Court.
3. The parties contemplate that all performance of the terms required to satisfy

14
15
16

the agreement and to file dismissals of this case will occur within 120 days.
The parties request that the Court stay all deadlines in this case, so that these

17

last performance items may resolve themselves. Then the parties will file a
18
19

joint dismissal with prejudice of this matter. In the unlikely event that

20

performance is not completed in accordance with the settlement, the

21
22
23

parties will promptly notify the Court and request a telephonic status
hearing before the United States Magistrate Judge.

24

Wherefore, premises considered, Plaintiffs and Defendants respectfully
25
26
27

request that the Court stay all deadlines in this case, and all other just and
equitable relief.

28

2
Notice of Settlement and Joint Motion to Stay; ORDER THEREON

1
2
3

Respectfully Submitted,

4
5
6
7
8
9

ROBERT H. NUNNALLY, JR. SBN 134151
[e-mail]
WISENER NUNNALLY GOLD, LLP
245 Cedar Sage, Suite 240
Garland, Texas 75040
Telephone: [phone]
Facsimile: [phone]

10
11
12
13
14
15

Agreed:
Charles L. Belkin SBN 104215
[e-mail]
Attorney & Counselor at Law
P.O. Box 242
Patterson, CA 95363
Telephone: [phone]
Facsimile: (209) 826 796

16
17
18
19
20

ORDER
21
22
23

Pursuant to the parties' joint stipulation, the Court hereby orders the
following:

24

1. All pending deadlines in this case are VACATED;1 and

25
26
27
28

2. On or before October 8, 2014, the parties shall either:
1

The parties requested that all remaining case deadlines be stayed; however, du e to the length of the time the
parties have requested to finalize the settlement, it is more efficient to vacate the deadlines and reset as necessary.

3
Notice of Settlement and Joint Motion to Stay; ORDER THEREON

1
2

(a)

File a stipulated dismissal of this lawsuit; or

(b)

If the pending settlement is not consummated, the parties shall request

3

a telephonic hearing to re-set the remaining deadlines and hearing
4

dates for this matter.

5
6
7

IT IS SO ORDERED.

8
9

Dated:

June 12, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
Notice of Settlement and Joint Motion to Stay; ORDER THEREON