H.W.J. Designs for Agribusiness, Inc. et al v. Rethceif Enterprises, LLC et al

Filing 71

***DISREGARD***STIPULATION and ORDER TO STAY ENFORCEMENT AND EXECUTION OF JUDGMENT UNTIL RESOLUTION OF POST-TRIAL MOTIONS, signed by District Judge Anthony W. Ishii on 12/15/2017. (Kusamura, W) Modified on 12/15/2017 (Kusamura, W).

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Marshall C. Whitney, #82952
[e-mail]
3 Kristi D. Marshall, #274625
[e-mail]
4 7647 North Fresno Street
Fresno, California 93720
5 Telephone:
[phone]
Facsimile:
[phone]
6
Attorneys for JOHN ROBERTS and TEXAS
7 ENVIRONMENTAL PRODUCTS, INC.
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9
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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ARIEL ELIA, individually and as Successor
13 Trustee to the Alan Elia Declaration of Trust
Dated March 18, 2002,
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Plaintiff,
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v.
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JOHN ROBERTS, an individual; TEXAS
17 ENVIRONMENTAL PRODUCTS, INC., a
Texas corporation; and TEXAS
18 ENVIRONMENTAL PRODUCTS, a
partnership, joint venture or other form of
19 business organization unknown, and DOES 1
through 20, inclusive,
20
Defendant.
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22

Case No. 1:16-CV-00557-AWI-EPG
STIPULATION AND ORDER TO STAY
ENFORCEMENT AND EXECUTION OF
JUDGMENT UNTIL RESOLUTION OF
POST-TRIAL MOTIONS

Trial Date:

October 31, 2017

This Stipulation is made and entered into between Plaintiff ARIEL ELIA, individually and as

23 Successor Trustee to the Alan Elia Declaration of Trust Dated March 18, 2002 (“Plaintiff”) and
24 Defendants JOHN ROBERTS and TEXAS ENVIRONMENTAL PRODUCTS, INC. (“Defendants”),
25 by and through their respective counsel, with reference to the following:
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RECITALS

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WHEREAS, on November 14, 2017, the jury delivered their Verdict following the trial of this

28 action;
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION AND [PROPOSED] ORDER TO STAY ENFORCEMENT AND EXECUTION OF JUDGMENT
UNTIL RESOLUTION OF POST-TRIAL MOTIONS

1

WHEREAS, on November 14, 2017, Judgment was entered in the above-entitled action;

2

WHEREAS, Plaintiff and Defendants agree to stay enforcement of the Judgment until

3 fourteen (14) days after the Court enters an order ruling on the post-trial motions set for hearing on
4 January 8, 2018;
5

WHEREAS, in consideration for Plaintiff’s agreement to stay enforcement of the Judgment as

6 set forth above, Defendants agree not to transfer, encumber, or dispose of any assets of TEXAS
7 ENVIRONMENTAL PRODUCTS, INC. (“TEP”)outside the ordinary course of business and
8 specifically agree that there will be no distributions or payments to John Roberts from the funds
9 anticipated to be received on or about December 9, 2017 from the sale of assets to the Ericksons;
10 provided, however, TEP may pay its attorneys’ fees incurred in this action..
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12

STIPULATION
IT IS HEREBY STIPULATED, by and between Plaintiff and Defendants, by and through

13 their respective counsel, that:
14

1.

Plaintiff will stay enforcement of the Judgment until fourteen (14) days after the Court

15 enters an order ruling on the post-trial motions set for hearing on January 8, 2018; and
16

2.

In consideration of Plaintiff’s agreement to stay enforcement of the Judgment as set

17 forth above, Defendants agree not to transfer, encumber, or dispose of any assets of TEXAS
18 ENVIRONMENTAL PRODUCTS, INC. outside the ordinary course of business and agree not to
19 make any distributions to John Roberts from funds anticipated to be received on or about December 9,
20 2019 from the sale of assets to the Ericksons; provided, however, TEP ;may pay its attorneys’ fees
21 inclurred in this action.
22 Dated: December 12 2017

COSTANZO & ASSOCIATES

23
24

By:

25

/s/Neal E. Costanzo
Neal E. Costanzo
Attorney for Plaintiff ARIEL ELIA

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

2
STIPULATION AND [PROPOSED] ORDER TO STAY ENFORCEMENT AND EXECUTION OF JUDGMENT
UNTIL RESOLUTION OF POST-TRIAL MOTIONS

1 Dated: December 12, 2017

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

2
3

/s/Marshall C. Whitney
Marshall C. Whitney
Kristi D. Marshall
Attorneys for JOHN ROBERTS and TEXAS
ENVIRONMENTAL PRODUCTS, INC.

By:

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8
9

ORDER

10
11
12 IT IS SO ORDERED.
13 Dated: December 15, 2017
14

SENIOR DISTRICT JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

3
STIPULATION AND [PROPOSED] ORDER TO STAY ENFORCEMENT AND EXECUTION OF JUDGMENT
UNTIL RESOLUTION OF POST-TRIAL MOTIONS