Johnson v. Intrawest California Holdings, Inc. et al

Filing 30

STIPULATION and ORDER re 29 Dismissal of Cross-Action, signed by Senior Judge Lawrence K. Karlton on 1/16/09 ORDERING that First Ascent's Cross-Action is hereby DISMISSED with prejudice pursuant to FRCP 41(a)(2) and the court retains the jurisdiction solely to enforce the terms of the settlement agreement for one yr after the date hereof.(Kastilahn, A)

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ANGIUS & TERRY LLP 1451 River Pk Dr, #285 Sacramento, CA 95815 [phone]

Bradley J. Epstein (CA State Bar No. 171567) Sam Y. Chon (CA State Bar No. 197246) ANGIUS & TERRY LLP 1451 River Park Drive, Suite 285 Sacramento, CA 95815 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Cross-Claimant FIRST ASCENT OWNERS ASSOCIATION, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Case No. 2:07-CV-702-LKK-GGH ) ) ) ) ) STIPULATION OF DISMISAL OF ) CROSS-ACTION; ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SCOTT JOHNSON, v. Plaintiff,

INTRAWEST CALIFORNIA HOLDINGS, INC., INTRAWEST HOSPITALITY MANAGEMENT, INC., INTRAWEST RETAIL GROUP, INC., FIRST ASCENT OWNERS ASSOCIATION, INC., Defendants. FIRST ASCENT OWNERS ASSOCIATION, INC., Cross-claimant, v. INTRAWEST HOSPITALITY MANAGEMENT, INC., Cross-defendant.

2:07-CV-702-LKK-GGH 1

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ANGIUS & TERRY LLP 1451 River Pk Dr, #285 Sacramento, CA 95815 [phone]

The parties hereto stipulate as follows: Previously, a settlement agreement between Plaintiff SCOTT JOHNSON and Defendant INTRAWEST HOSPITALITY MANAGEMENT, INC. (Intrawest) has been fully executed. Defendant and Cross-Claimant FIRST ASCENT OWNERS ASSOCIATION, INC. ("First Ascent") was not a party to the settlement agreement between Plaintiff and Intrawest. However, pursuant to the Stipulation of Dismissal of First Amended Complaint; Order attached hereto as Exhibit A, Plaintiff's First Amended Complaint was dismissed, with prejudice, as to both Intrawest and First Ascent. Defendants Intrawest Holdings, Inc. and Intrawest Retail Group, Inc. were dismissed prior to any settlement agreements. Now, First Ascent and Intrawest have reached a full and final settlement pursuant to the terms of a written Settlement Agreement. Pursuant to the Settlement Agreement, First Ascent agrees to dismiss its Cross-Claim (Cross-Action) against Intrawest, with prejudice. Some parts of the Settlement Agreement are to be performed in the future. Although the Cross-Action is hereby being dismissed with prejudice, First Ascent and Intrawest agree and request the Court to retain jurisdiction for one (1) year from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). IT IS HEREBY STIPULATED by and between First Ascent and Intrawest, through their designated counsel, that First Ascent's Cross-Action be and hereby is dismissed with prejudice pursuant to FRCP 41 (a) (2), and the court retains the jurisdiction solely to enforce the terms of the Settlement Agreement for one (1) year after the date hereof.

Date :December 29, 2008 S/Charles E. Noneman Attorney for Intrawest

Date: January 14, 2009 S/Sam Y. Chon Attorney for First Ascent

2:07-CV-702-LLKGGH
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ANGIUS & TERRY LLP 1451 River Pk Dr, #285 Sacramento, CA 95815 [phone]

IT IS SO ORDERED:

Date: January 16, 2009

2:07-CV-702-LLKGGH
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