Robles v. AgReserves, Inc. et al

Filing 156

Parties' Joint Stipulation for Dismissal of Defendant Agreserves, Inc.'s Counter-Claim Against Plaintiff in Exchange for Waiver of Costs and to Vacate Hearing Dates and ORDER Thereon, signed by District Judge Anthony W. Ishii on 4/14/16. (Marrujo, C)

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1 2 3 4 5 6 Richard D. Marca, Bar #127365 Richard.Marca@GreshamSavage.com Jamie Wrage, Bar #188982 Jamie.Wrage@GreshamSavage.com Jeff Olsen, Bar #283249 Jeff.Olsen@GreshamSavage.com GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408-4205 Telephone: (951) 684-2171 Facsimile: (951) 684-2150 7 8 9 10 Attorneys for Defendants, AGRESERVES, INC. dba SOUTH VALLEY FARMS, improperly named as SOUTH VALLEY FARMS dba SOUTH VALLEY ALMOND COMPANY, LLC.; GEORGE CAMPO, an individual; and JAY PAYNE, an individual 11 12 13 14 KARL A. GERBER (State Bar No. 166003) ANN GULESER (State Bar No. 210790) aguleser@emplaw.net EMPLOYMENT LAWYERS GROUP 13418 Ventura Boulevard Sherman Oaks. California 91423 Telephone: (818) 783-7300 15 16 Attorneys for Plaintiff JUAN CARLOS ROBLES 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 FRESNO DIVISION 20 21 22 23 24 25 26 27 28 JUAN CARLOS ROBLES, an individual; ) ) Plaintiff, ) ) vs. ) ) AGRESERVES, INC.,; THE CHURCH OF ) JESUS CHRIST OF LATTER DAY SAINTS; ) SOUTH VALLEY FARMS dba SOUTH ) VALLEY ALMOND COMPANY, LLC; ) JORGE CAMPOS, an individual; JAY ) PAYNE, an individual; and DOES 1 through ) 100, inclusive ) ) Defendants. ) ) 1 CASE NO. 1:14-CV-00540-AWI-JLT PARTIES’ JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.’S COUNTERCLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES AND ORDER THEREON PARTIES’ JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.’S COUNTER-CLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES A915-000 -- 2209477.1 1 2 3 4 5 6 AGRESERVES, INC., ) ) COUNTERCLAIMANT, ) ) vs. ) ) JUAN CARLOS ROBLES, an individual; and ) ROES 1 through 10, inclusive, ) ) COUNTER-Defendants. ) ) ) 7 WHEREAS, a Jury Trial for all claims in this civil action began on March 22, 2016, 8 except for the sole counter-claim by Defendant AgReserves, Inc. (“AgReserves”) against 9 Plaintiff Juan Carlos Robles (“Plaintiff”), and the claim by Plaintiff against AgReserves for 10 alleged violation of California Business and Professions Code §17200 et seq. unfair business 11 practice; 12 13 WHEREAS, on March 29, 2016, the Jury reached a verdict in favor of all Defendants on all claims before them; 14 15 WHEREAS, on March 30, 2016, Judgment was entered in favor of all Defendants in accordance with the Jury verdict rendered on March 29, 2016; WHEREAS, the Court indicated it would dismiss Plaintiff’s claim against AgReserves 16 17 for alleged violation of California Business and Professions Code § 17200 et seq. in accordance 18 with the testimony and evidence presented at trial; 19 WHEREAS, the trial on the Counter-Claim by AgReserves against Plaintiff was not 20 previously adjudicated by the jury, and a bench trial is currently scheduled pending before Hon. 21 Anthony W. Ishii of this Court on that claim (“the Counter-Claim”); 22 WHEREAS, Plaintiff and AgReserves wish to stipulate for a dismissal of the Counter 23 Claim in exchange for a mutual waiver of costs and fees between the parties as well as Plaintiff’s 24 promise not to pursue appeal of the jury verdict or motion for new trial; 25 /// 26 /// 27 /// 28 2 PARTIES’ JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.’S COUNTER-CLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES A915-000 -- 2209477.1 1 THEREFORE, the Parties hereby stipulate as follows: 2 (1) the sole Counter-Claim by AgReserves against Plaintiff shall be dismissed by the 3 4 5 6 Court with prejudice; (2) the claim by Plaintiff against AgReserves for alleged violation of California Business and Professions Code §17200 et seq. shall be dismissed by the Court with prejudice; (3) each party agrees to mutually waive the right to any attorneys’ fees or costs from the 7 other party for any claim in this action, and each party agrees to bear their own fees and costs 8 moving forward relating to this matter; 9 (4) in exchange for the mutual promises contained herein, Final Judgment shall be 10 entered in favor of AgReserves, Jay Payne and George Campo consistent with the Jury verdict, 11 and Plaintiff agrees he will not pursue appeal of the jury verdict or motion for a new trial; and 12 (5) the trial dates currently scheduled for the bench trial for the Counter-Claim and claim 13 for alleged violation of California Business and Professions Code §17200 et seq. be vacated as 14 moot, consistent with this stipulation and order. 15 16 IT IS SO STIPULATED. 17 DATED: April 13, 2016 18 19 By: /s/ Richard D. Marca Richard D. Marca Jamie Wrage Jeff Olsen Attorneys for Defendants, AGRESERVES, INC. dba SOUTH VALLEY FARMS, GEORGE CAMPO, and JAY PAYNE 20 21 22 23 24 25 26 27 28 GRESHAM SAVAGE NOLAN & TILDEN, A Professional Corporation DATED: April 13, 2016 EMPLOYMENT LAWYERS GROUP By: /s/ Ann Guleser Karl Gerber Ann Guleser Attorneys for Plaintiff, JUAN CARLOS ROBLES 3 PARTIES’ JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.’S COUNTER-CLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES A915-000 -- 2209477.1 1 2 3 IT IS SO ORDERED. Dated: April 14, 2016 SENIOR DISTRICT JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 PARTIES’ JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.’S COUNTER-CLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES A915-000 -- 2209477.1 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Re: Juan Carlos Robles v. AgReserves, Inc, et al. United States District Court Case No. 1:14CV-00540-AWI-JLT I am employed in the County of San Bernardino, State of California. I am over the age of 18 years and not a party to the within action; my business address is: 550 East Hospitality Lane, Suite 300, San Bernardino, CA 92408. On April 13, 2016, I served copies of the within documents described as PARTIES’ JOINT STIPULATION FOR DISMISSAL OF DEFENDANT AGRESERVES, INC.’S COUNTER-CLAIM AGAINST PLAINTIFF IN EXCHANGE FOR WAIVER OF COSTS AND TO VACATE HEARING DATES on the interested parties in this action in a sealed envelope addressed as follows: See attached Service List BY MAIL - I am “readily familiar” with the firm’s practice of collecting and processing correspondence for mailing. Under that practice, it would be deposited with the United States Postal Service on the same day in the ordinary course of business, with postage thereon fully prepaid at San Bernardino, California. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. X BY CM/ECF SYSTEM - I hereby certify that I electronically transmitted the attached document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the ECF registrants listed on the attached Service List. BY PERSONAL SERVICE - I caused such envelope to be delivered by hand to the offices of the addressee pursuant to C.C.P. § 1011. BY EXPRESS MAIL/OVERNIGHT DELIVERY - I caused such envelope to be delivered by hand to the office of the addressee via overnight delivery pursuant to C.C.P. § 1013(c), with delivery fees fully prepaid or provided for. BY FACSIMILE - I caused such document to be delivered to the office of the addressee via facsimile machine pursuant to C.C.P. § 1013(e). Said document was transmitted to the facsimile number of the office of the addressee from the office of Gresham Savage Nolan & Tilden, in San Bernardino, California, on the date set forth above. The facsimile machine I used complied with California Rules of Court, Rule 2003(3) and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2009(i), I caused the machine to print a record of the transmittal, a copy of which is attached to this declaration. BY ELECTRONIC/EMAIL - I caused such document to be delivered to the office of the addressee via electronic e-mail pursuant to C.C.P. §1013(a). Said document was transmitted to the email address of that office which is listed on the above Service List. Said document was served electronically and the transmission was reported as complete and without error. FEDERAL - I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 13, 2016, at San Bernardino, California. /s/ Madison Montgomery________________ Madison Montgomery 28 GRESHAM|SAVAGE ATTORNEYS AT LAW 550 E. HOSPITALITY LANE SUITE. 300 SAN BERNARDINO, CA 92408-4205 (909) 890-4499 1 PROOF OF SERVICE A915-000 -- 2209477.1 SERVICE LIST 1 2 3 4 5 6 7 Re: Juan Carlos Robles v. AgReserves, Inc, et al. United States District Court Case No. 1:14CV-00540-AWI-JLT Karl Gerber, Esq. [kgerber@emplaw.net] Ann Guleser, Esq. [aguleser@emplaw.net] EMPLOYMENT LAWYERS GROUP 13418 Ventura Boulevard Sherman Oaks, CA 91422 Telephone: (818) 783-7300 Facsimile: (818) 995-7159 Attorneys for Plaintiff, JUAN CARLOS ROBLES 8 9 A copy to chambers is to be delivered as follows: 10 11 12 13 14 15 16 Hon. Anthony W. Ishii (courier delivery) United States District Court – Eastern District Robert E. Coyle US Courthouse 2500 Tulare Street, Eighth Floor Fresno, CA 93721 Hon. Jennifer L. Thurston (via U.S. Mail only) United States District Court – Eastern District 510 19th Street, Suite 200 Bakersfield, CA 93301 17 18 19 20 21 22 23 24 25 26 27 28 GRESHAM|SAVAGE ATTORNEYS AT LAW 550 E. HOSPITALITY LANE SUITE. 300 SAN BERNARDINO, CA 92408-4205 (909) 890-4499 2 PROOF OF SERVICE A915-000 -- 2209477.1

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