Robles v. AgReserves, Inc. et al
Filing
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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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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
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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
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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
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Attorneys for Plaintiff
JUAN CARLOS ROBLES
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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JUAN CARLOS ROBLES, an individual;
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Plaintiff,
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vs.
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AGRESERVES, INC.,; THE CHURCH OF
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JESUS CHRIST OF LATTER DAY SAINTS; )
SOUTH VALLEY FARMS dba SOUTH
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VALLEY ALMOND COMPANY, LLC;
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JORGE CAMPOS, an individual; JAY
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PAYNE, an individual; and DOES 1 through )
100, inclusive
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Defendants.
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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
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AGRESERVES, INC.,
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COUNTERCLAIMANT,
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vs.
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JUAN CARLOS ROBLES, an individual; and )
ROES 1 through 10, inclusive,
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COUNTER-Defendants.
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WHEREAS, a Jury Trial for all claims in this civil action began on March 22, 2016,
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except for the sole counter-claim by Defendant AgReserves, Inc. (“AgReserves”) against
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Plaintiff Juan Carlos Robles (“Plaintiff”), and the claim by Plaintiff against AgReserves for
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alleged violation of California Business and Professions Code §17200 et seq. unfair business
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practice;
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WHEREAS, on March 29, 2016, the Jury reached a verdict in favor of all Defendants on
all claims before them;
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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
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for alleged violation of California Business and Professions Code § 17200 et seq. in accordance
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with the testimony and evidence presented at trial;
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WHEREAS, the trial on the Counter-Claim by AgReserves against Plaintiff was not
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previously adjudicated by the jury, and a bench trial is currently scheduled pending before Hon.
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Anthony W. Ishii of this Court on that claim (“the Counter-Claim”);
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WHEREAS, Plaintiff and AgReserves wish to stipulate for a dismissal of the Counter
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Claim in exchange for a mutual waiver of costs and fees between the parties as well as Plaintiff’s
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promise not to pursue appeal of the jury verdict or motion for new trial;
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///
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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
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THEREFORE, the Parties hereby stipulate as follows:
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(1) the sole Counter-Claim by AgReserves against Plaintiff shall be dismissed by the
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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
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other party for any claim in this action, and each party agrees to bear their own fees and costs
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moving forward relating to this matter;
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(4) in exchange for the mutual promises contained herein, Final Judgment shall be
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entered in favor of AgReserves, Jay Payne and George Campo consistent with the Jury verdict,
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and Plaintiff agrees he will not pursue appeal of the jury verdict or motion for a new trial; and
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(5) the trial dates currently scheduled for the bench trial for the Counter-Claim and claim
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for alleged violation of California Business and Professions Code §17200 et seq. be vacated as
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moot, consistent with this stipulation and order.
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IT IS SO STIPULATED.
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DATED: April 13, 2016
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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
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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
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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
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IT IS SO ORDERED.
Dated:
April 14, 2016
SENIOR DISTRICT JUDGE
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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
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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
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GRESHAM|SAVAGE
ATTORNEYS AT LAW
550 E. HOSPITALITY LANE
SUITE. 300
SAN BERNARDINO, CA
92408-4205
(909) 890-4499
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PROOF OF SERVICE
A915-000 -- 2209477.1
SERVICE LIST
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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
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A copy to chambers is to be delivered as follows:
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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
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GRESHAM|SAVAGE
ATTORNEYS AT LAW
550 E. HOSPITALITY LANE
SUITE. 300
SAN BERNARDINO, CA
92408-4205
(909) 890-4499
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PROOF OF SERVICE
A915-000 -- 2209477.1
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