Lewis, et al v. Russell, et al

Filing 403

STIPULATION and ORDER for Dismissal with prejudice of Defendant/Third Party Defendant Martin Franchises, Inc. 402 signed by Judge William B. Shubb on 7/10/2012. (Kirksey Smith, K)

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Chad N. Dunigan, Esq. (SBN 204946)
Sara J. Dresser, Esq. (SBN 265743)
KOELLER, NEBEKER, CARLSON & HALUCK, LLP
1478 Stone Point Drive, Suite 400
Roseville, CA 95661
[phone]
[phone] Facsimile
Attorneys for Defendants/Cross-Complainants/
Third Party Plaintiffs,
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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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CHARLES LEWIS,

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Case No. CIV S-03-2646 WBS KJM

Plaintiff,

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v.

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STIPULATION FOR ORDER OF
DISMISSAL

ROBERT RUSSELL, et al.,

[F.R.C.P. Rule 41(a)]
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Defendants.

Trial Date: September 16, 2014

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AND RELATED CROSS-ACTIONS.
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Defendants/Complainants/Third Party Plaintiffs, THE DAVIS CENTER, LLC; EMILY

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STOVER, Individually and as Trustee of the STOVER FAMILY TRUST and as Personal

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Representative for Melvin Stover (Deceased); and RICHARD ALBERT STINCHFIELD,

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Individually and as Trustee of the ROBERT S. STINCHFIELD SEPARATE REAL PROPERTY

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TRUST and as Trustee of the BARBARA ELLEN STINCHFIELD TESTAMENTARY TRUST

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(collectively, “THE DAVIS CENTER”) and Defendant/Third Party Defendant MARTIN

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FRANCHISES, INC., through their respective attorneys of record, stipulate to the following:

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That THE DAVIS CENTER’s claims in its First Amended Third-Party Complaint filed on

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or about September 6, 2007 in the above entitled action (“Claims”) be dismissed as against

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STIPULATION AND ORDER OF DISMISSAL

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MARTIN FRANCHISES, INC. only, with prejudice, according to the terms of a Mutual Release

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of Claims (the “Release”) entered into by and between THE DAVIS CENTER and MARTIN

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FRANCHISES, INC. and having an effective date of June 21, 2012.

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DATED: July 3, 2012

KOELLER, NEBEKER, CARLSON & HALUCK, LLP

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/s/ Chad N. Dunigan

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Chad N. Dunigan, Esq.
Sara J. Dresser, Esq.
Attorneys for Defendants/Cross-Complainants/
Third Party Plaintiffs,
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

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DATED: July 5, 2012

GORDON & REESE, LLP

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/s/ Matthew P. Nugent
________________________________________________
Matthew P. Nugent, Esq.
Attorneys for Defendant/Third Party Defendant,
MARTIN FRANCHISES, INC.

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ORDER OF DISMISSAL
The Court, having reviewed and considered the stipulation set forth above and good cause
appearing, issues the following Order:

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IT IS HEREBY ORDERED that THE DAVIS CENTER’s Claims in the above-entitled

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action be, and hereby are, dismissed as against MARTIN FRANCHISES, INC. only, with

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prejudice.

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IT IS FURTHER HEREBY ORDERED that the dismissal is expressly conditioned

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upon the terms and conditions of the Release entered into by and between THE DAVIS CENTER

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and MARTIN FRANCHISES, INC. on June 21, 2012.

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IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter
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STIPULATION AND ORDER OF DISMISSAL

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for the sole purpose of taking any action needed to enforce the terms of the Release.
IT IS FURTHER HEREBY ORDERED that each of the parties hereto shall bear its
own costs, including attorney’s fees, as provided in the Release.

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Date: July 10, 2012

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STIPULATION AND ORDER OF DISMISSAL