Lewis, et al v. Russell, et al

Filing 359

STIPULATION and ORDER signed by Judge William B. Shubb on 12/19/2011 DISMISSING Newitt's Claims with prejudice as to Defendant Vic Manufacturing Company. The dismissal is expressly conditioned upon the terms and conditions of that certain Mutual Release of Claims entered into by and between Newitt and Vic having an Effective Date of 11/30/2011. The Court retains jurisdiction of this matter for the sole purpose of taking any action needed to enforce the terms of the Release. Each of the parties hereto shall bear its own costs, including attorneys fees, as provided in the Release. (Michel, G)

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DENNIS M. COTA, Bar No. 127992
DEREK P. COLE, Bar No. 204250
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant/Counter-Claimant/
Cross-Claimant Ben J. Newitt

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. LEWIS and JANE W. LEWIS,

COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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Plaintiffs,

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STIPULATION FOR ORDER OF
DISMISSAL

v.
[F.R.C.P. Rule 41(a)]
ROBERT D. RUSSELL; BEN J. NEWITT; the
Estate of PHILLIP NEWITT, Deceased, et al.,
Defendants.

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Case No. CIV S-03-2646 WBS KJM

AND RELATED COUNTER- AND CROSSACTIONS.

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Defendant, Counter Claimant and Cross-Claimant BEN J. NEWITT (“Newitt”) and

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Defendant and Cross-Defendant VIC MANUFACTURING COMPANY, a dissolved corporation

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(“Vic”), through their respective attorneys of record, stipulate to an order of the above-entitled

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Court dismissing Newitt’s claims in his Answer to First Amended Third Party Complaint of

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Davis Center, LLC, et al.; Cross-Claims; and Demand for Jury Trial filed on or about

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February 19, 2008 in the above entitled action (“Newitt’s Claims”), as against Vic only, with

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prejudice, according to the terms of a Mutual Release of Claims (the “Release”), having an

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effective date of November 30, 2011, entered into by and between Newitt and Vic.

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{JEM/00018477.}

POS, -1-

STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND VIC MANUFACTURING COMPANY

Case No. CIV S-03-2646 WBS KJM

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Dated: December 16, 2011

COTA COLE LLP

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By: /s/ Dennis M. Cota
Dennis M. Cota
Derek P. Cole
Attorneys for Defendant/CounterClaimant/Cross-Claimant Ben J. Newitt

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Dated: December 15, 2011

WEYAND LAW FIRM, PC

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By: /s/ Paul P. DeAngelis
Paul P. DeAngelis
Attorneys for Third-Party Defendant/
Cross-Claimant Vic Manufacturing
Company

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COTA COLE & ASSOCIATES
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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ORDER OF DISMISSAL

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The Court, having reviewed and considered the stipulation set forth above, and good cause
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appearing therefor:
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IT IS HEREBY ORDERED that Newitt’s Claims in the above-entitled action be, and
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hereby are, dismissed, as against defendant Vic Manufacturing Company only, with prejudice.
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IT IS ALSO HEREBY ORDERED that the dismissal is expressly conditioned upon the
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terms and conditions of that certain Mutual Release of Claims entered into by and between Newitt
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and Vic having an Effective Date of November 30, 2011 (the “Release”).
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IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter
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for the sole purpose of taking any action needed to enforce the terms of the Release.
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IT IS FURTHER HEREBY ORDERED that each of the parties hereto shall bear its own
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costs, including attorney’s fees, as provided in the Release.
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Dated: December 19, 2011

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PROOF OF SERVICE
I, Rena Wade, declare:
I am a resident of the State of California and over the age of eighteen years, and
not a party to the within action. My business address is Cota Cole LLP, 2261 Lava Ridge Court,
Roseville, California 95661. On December 16, 2011, I served the within document(s):

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STIPULATION FOR ORDER OF DISMISSAL [as to Vic Manufacturing
Company, with prejudice]

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COTA COLE & ASSOCIATES
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 3:00 p.m.
by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Roseville, California, addressed as set
forth below.
I caused such envelope to be delivered via overnight delivery addressed as
indicated below. Such envelope was deposited for delivery by ________,
following the firm's ordinary business practices.
via electronic/email service. The document(s) listed above were served via email
the addressees listed in the attached service list via the Eastern District's CM/ECF
server.

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SEE ATTACHED SERVICE LIST

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I am readily familiar with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid in the ordinary course of business. 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.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on December 16, 2011, at Roseville, California.

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/s/ Rena Wade
Rena Wade

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Lewis v. Russell, et al., U.S. Eastern District Court Case No. CIV S-03-2646 WBS KJM

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SERVICE LIST

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Attorney/Firm

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S. Craig Hunter
P.O. Box 13810
San Luis Obispo, CA 93406
Tel: [phone]
Fax: [phone]

Attorneys for Plaintiffs
Charles H. Lewis and Jane W. Lewis

Michael S. Middleton
Middleton, Young & Minney, LLP
701 University Avenue, Suite 150
Sacramento, CA 95825
Tel: [phone]
Fax: [phone]

Attorneys for Defendants The Davis Center, LLC;
Emily Stover, individually and as Trustee of the
Stover Family Trust and as Personal Representative
for Melvin Stover (deceased); and Richard Albert
Stinchfield, individually and as Trustee of the
Robert S. Stinchfield Separate Real Property Trust
and as Trustee of the Barbara Ellen Stinchfield
Testamentary Trust (dissolved)

Jeffory J. Scharff
Attorney at Law
2625 Fair Oaks Boulevard, Suite 7
Sacramento, CA 95864
Tel: [phone]
Fax: [phone]

Attorneys for Defendants Potter Taylor &
Company, and its predecessors-in-interest: Potter,
Long, Adams & Taylor, Ltd.; Davis Center; PotterTaylor, Inc.; and Potter Taylor & Scurfield, Inc.

Jung Hang Suh and Soo Jung Suh
1843 Trinity Way
West Sacramento, CA 95691
[Service by U.S. Mail Only]

Unrepresented Defendants

Jung K. Seo
3539 Bradshaw Road, Suite B-265
Sacramento, CA 95827
[Service by U.S. Mail Only]

Unrepresented Defendant

Daniel W. Smith
Law Offices of Daniel W. Smith
3610 American River Drive, Suite 112
Sacramento, CA 95864
Tel: [phone]
Fax: [phone]

Attorneys for Defendant Irene Russell, Successorin-Interest to Robert D. Russell (deceased)

Chad S. Tapp
Matthew R. Day
Porter Scott Weiberg & Delehant
350 University Avenue, Suite 200
Sacramento, CA 95825
Tel: [phone]
Fax: [phone]

Attorneys for Defendant Workroom Supply, Inc.

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Party(ies) Represented

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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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{JEM/00018477.}

POS, -4-

STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND VIC MANUFACTURING COMPANY

Case No. CIV S-03-2646 WBS KJM

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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661

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Attorney/Firm

Party(ies) Represented

Alexander M. Weyand
Paul P. DeAngelis
J. Scott Feder
Weyand Law Firm, PC
531 Howard Street, First Floor
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

Attorneys for Third Party Defendant Vic
Manufacturing Company

Linda M. Moroney
Gordon & Rees, LLP
Embarcadero Center West
275 Battery Street, Suite 2000
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

Attorneys for Defendant Safety-Kleen Systems,
Inc., sued as Safety-Kleen Corporation

Robert P. Soran
Jennifer Hartman King
Andrew Skanchy
Downey Brand, LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]

Attorneys for Defendant and Counter-Claimant City
of Davis

Steven H. Goldberg
Michael J. Thomas
Leslie Fredrickson
Downey Brand, LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]

Attorneys for Third Party Defendant Marie L.
Whitcombe (deceased)

P. Gerhardt Zacher
Matthew P. Nugent
Gordon & Rees LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Tel: [phone]
Fax: [phone]

Attorneys for Third Party Defendant Martin
Franchises, Inc. aka/dba Martinizing Dry Cleaning

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{JEM/00018477.}

POS, - 5 -

STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND VIC MANUFACTURING COMPANY

Case No. CIV S-03-2646 WBS KJM