Doan Investments v. Beroldo, et al

Filing 130

STIPULATION and ORDER 128 terminating established trust account; discharging Brady and Krasnoff as co-trustees; and disbursing all funds to Doan Investments, signed by Chief Judge Morrison C. England, Jr. on 3/3/2015. [cc: Financial Department] (Marciel, M)

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1 2 3 4 5 6 MICHAEL E. VINDING (SBN 178359) BRADY & VINDING 400 Capitol Mall, Suite 2640 Sacramento, CA 95814 Telephone: (916) 446-3400 Facsimile: (916) 446-7159 Attorneys for Plaintiff Doan Investments, a California Corporation 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 DOAN INVESTMENTS, a California Corporation CASE NO. S-98-0914 FCD DAD Plaintiff, STIPULATION AND ORDER TERMINATING THE TRUST ACCOUNT, DISCHARGING AND RELEASING BRADY AND KRASNOFF AS TRUSTEES, AND DISBURSING ANY REMAINING TRUST FUNDS TO DOAN INVESTMENTS v. EMIL BEROLDO, VIRGINIA BEROLDO, NICOLO PIOMBO, SR., NICOLO PIOMBO JR., SUSAN PIOMBO, GRASS VALLEY GARBAGE SERVICE, GRASS VALLEY DISPOSAL SERVICE, CITY OF GRASS VALLEY, COUNTY OF NEVADA, Defendants. AND ALL RELATED CROSS-ACTION. 21 22 23 STIPULATION WHEREAS, Plaintiff DOAN INVESTMENTS, a California Corporation (“Plaintiff”), filed 24 this action against Defendants Emil Beroldo, Virginia Beroldo, Nicolo Piombo, Sr., Nicolo 25 Piombo Jr., Susan Piombo, Grass Valley Garbage Service, Grass Valley Disposal Service, City 26 of Grass Valley, and County of Nevada (“Defendants”). 27 28 WHEREAS, the Parties entered into a written Settlement Agreement (“Agreement”), approved and filed with this Court on July 21, 2003, which, among other things, recognized that -1STIPULATION AND ORDER TERMINATING TRUST ACCOUNT 1 Plaintiff’s counsel, Michael Brady (“Brady”) had established the Grass Valley Burn Dump 2 Remediation Trust Account with Bank of the West, 601 J Street, Sacramento, California 95814 3 (now located at 500 Capitol Mall, Sacramento, California 95814) (“Trust Account”), for purposes 4 of funding certain work specified in the Agreement. 5 6 7 WHEREAS the funds from the Trust Account were disbursed upon joint signature of cotrustees Brady and Peter M. Krasnoff, P.E. (“Krasnoff”). WHEREAS the parties to the above-entitled action agreed that upon completion of all 8 obligations in the Agreement, all remaining funds in the Trust Account, if any, would be disbursed 9 to Doan Investments. 10 WHEREAS the parties to the above entitled action agreed that Brady would provide ten 11 days’ notice to all counsel before such disbursement back to Doan Investments along with a copy of 12 a No Further Action letter(s). 13 WHEREAS all obligations in the Agreement were satisfied and the No Further Action 14 Letters, dated June 27, 2012, , and December 16, 2013, along with the required ten days’ notice 15 was sent to all counsel on January 26, 2015. 16 17 18 WHEREAS, pursuant to the Agreement, no counsel and/or party objected to terminating Trust Account, disbursing the funds and discharging trustees Brady and Krasnoff. Therefore, as Defendants have not objected within 10 days of the Notice of Plaintiff’s intent 19 to terminate the Trust Account and/or disburse the remaining funds to Doan Investments and 20 discharge and release Brady and Krasnoff as co-trustees of the Trust, Plaintiff requests that the 21 Court sign the attached Order to close the matter. 22 Dated: February 11, 2015 23 24 25 BRADY & VINDING By: /s/Michael E. Vinding Michael E. Vinding Attorneys for Plaintiff Doan Investments, a California Corporation 26 27 28 -2STIPULATION AND ORDER TERMINATING TRUST ACCOUNT ORDER 1 2 Based on the Agreement and the stipulation of the parties included therein, and good cause 3 appearing therefore, IT IS APPROVED and IT IS ORDERED that the Trust Account established in 4 the above matter be terminated, all funds disbursed to Doan Investments and that Brady and 5 Krasnoff be discharged and released as co-trustees of Trust. 6 7 IT IS SO ORDERED. Dated: March 3, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND ORDER TERMINATING TRUST ACCOUNT

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