Lewis, et al v. Russell, et al

Filing 556

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/4/19 ORDERING that this Action be dismissed with prejudice, with each party to bear its own attorneys' fees and costs. CASE CLOSED. (Kaminski, H)

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JENNIFER HARTMAN KING (Bar No. 211313)
ALANNA LUNGREN (Bar No. 269668)
SARA CUTULI (Bar No. 320954)
HARTMAN KING PC
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
HARRIET A. STEINER (Bar No. 109436)
BEST, BEST & KRIEGER LLP
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Exempt From Filing Fees Pursuant To
Government Code Section 6103

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Attorneys for Defendant
CITY OF DAVIS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. LEWIS AND JANE W.
LEWIS,

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Plaintiffs,

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v.

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ROBERT D. RUSSELL, ET AL.,

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Case No.: CIV S-03-2646 WBS AC

Defendants,

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JOINT STIPULATION FOR DISMISSAL
WITH PREJUDICE AND RETENTION OF
JURISDICTION BY THIS COURT FOR
ENFORCEMENT; ORDER

District Judge: Hon. William B. Shubb

AND RELATED COUNTER, CROSS AND
THIRD PARTY CLAIMS.

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00037642.2

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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND RETENTION OF JURISDICTION BY THIS
COURT FOR ENFORCEMENT; ORDER

JOINT STIPULATION

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Defendants City of Davis (“City”); The Davis Center, LLC, Emily A. Stover, individually

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and as Trustee of the Stover Family Trust and as Personal Representative for Melvin Stover

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(Deceased), and Richard Albert Stinchfield, individually and as Trustee of the Robert S.

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Stinchfield Separate Real Property Trust and as Trustee of the Barbara Ellen Stinchfield

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Testamentary Trust (collectively, “Landowners”); Potter Taylor & Co., Potter, Long, Adams &

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Taylor Ltd., Davis Center, Potter-Taylor, Inc., Potter Taylor & Scurfield, Inc. (collectively,

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“Potter-Taylor”); and Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased), Estate of

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Charles H. Lewis (Deceased) and Robert Zehnder as Personal Representative of Charles H. Lewis

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(Deceased) (collectively, “Lewises”), referred to collectively as the “Settling Parties”, by and

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through their respective counsel, hereby stipulate as follows:

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WHEREAS, on March 15, 2019, the Settling Parties executed the Settlement Agreement

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and Mutual Release (“Settlement Agreement”) that provided for, among other terms, dismissal of

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all claims and counterclaims asserted by and between the Settling Parties;

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WHEREAS, the Settlement Agreement also provided, among other terms, that the Settling

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Parties intended for this Court to retain jurisdiction over this Action for purposes of enforcing the

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Settlement Agreement;

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WHEREAS, on August 26, 2019, the Settling Parties filed a Joint Motion for Good Faith

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Settlement Determination and Order Dismissing and Barring Claims (“Motion”) that included

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among its exhibits the Settling Parties’ executed Settlement Agreement (ECF 551);

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WHEREAS, on October 17, 2019, this Court granted the Settling Parties’ Motion (the

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“Order”) (ECF 554) and thereby, among other things, dismissed with prejudice all pending claims

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and cross-claims against the Settling Parties in the above-entitled Action and barred all claims

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and future claims for contribution or indemnity arising out of the facts alleged in the Plaintiffs’

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Second Amended Complaint;

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WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and consistent

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with the Settlement Agreement and the Order, the Settling Parties seek dismissal with prejudice

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of this Action in its entirety;
00037642.2

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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND RETENTION OF JURISDICTION BY THIS
COURT FOR ENFORCEMENT; ORDER

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WHEREAS, there are required payments and other obligations yet to be satisfied under
the Settlement Agreement;
WHEREAS, the Settling Parties request that this Court retain jurisdiction to enforce the
Settlement Agreement, notwithstanding dismissal with prejudice of the Action;

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IT IS HEREBY STIPULATED AND AGREED, by and between the Settling Parties in

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this Action, through their respective undersigned legal counsel, and pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(ii) that all of the claims and counterclaims that were asserted or that

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could have been asserted in this Action be dismissed with prejudice, with each party to bear its

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own attorneys’ fees and costs, provided that this Court retains exclusive jurisdiction to enforce the

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terms and conditions of the Settlement Agreement, notwithstanding this dismissal herein.

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Dated: December 3, 2019

HARTMAN KING PC

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By:/s/ Jennifer Hartman King___
Jennifer Hartman King

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Attorneys for City of Davis

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Dated: December 3, 2019

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By:/s/ Francis M. Goldsberry (as authorized on Dec. 3, 2019)
Francis M. Goldsberry

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Attorneys for Potter-Taylor & Co.; Potter, Long, Adams &
Taylor, Ltd.; Davis Center; Potter-Taylor, Inc. and Potter
Taylor & Scurfield, Inc.

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LAW OFFICES OF FRANCIS M. GOLDSBERRY

Dated: December 3, 2019

KOELLER, NEBEKER, CARLSON & HALUCK, LLP

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By:/s/ Peter Dye (as authorized on Dec. 3, 2019)
Peter Dye

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Attorneys for The Davis Center, LLC; Emily A. 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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00037642.2

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JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE WITH RETENTION OF
JURISDICTION BY THIS COURT FOR ENFORCEMENT

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Dated: December 3, 2019

SCHUERING ZIMMERMAN & DOYLE LLP
By:/s/ Keith D. Chidlaw (as authorized on Dec. 3, 2019)
Keith D. Chidlaw

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Attorneys for Charles H. Lewis (Deceased) and Jane W.
Lewis (Deceased), Robert Zehnder, as Personal
Representative of Charles H. Lewis, and Estate of Charles
H. Lewis (Deceased)

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00037642.2

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JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE WITH RETENTION OF
JURISDICTION BY THIS COURT FOR ENFORCEMENT

ORDER

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The Stipulation and Order for Dismissal with Prejudice with Retention of Jurisdiction by

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this Court for Enforcement is approved. It is hereby ordered that this Action be dismissed with

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prejudice, with each party to bear its own attorneys’ fees and costs. This Court shall retain

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jurisdiction to enforce the terms and conditions of the Settlement Agreement, notwithstanding this

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dismissal herein. The clerk is directed to close this Action, subject to any reopening as necessary.

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IT IS SO ORDERED.

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Dated: December 4, 2019

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00037642.2

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JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND RETENTION OF JURISDICTION BY THIS
COURT FOR ENFORCEMENT; ORDER