Dawe v. Corrections USA et al

Filing 586

ORDER signed by Senior Judge Lawrence K. Karlton on 5/24/2011 583 Ex Parte Application filed by Corrections USA, James Baiardi, Donald Joseph Baumann, California Correctional Peace Officers Association ORDERING that the Application is GRANTED, Stay of Enforcement of the Judgment is CONTINUED for an additional 60 days, to 7/25/2011; within 10 days of the entry of this order, defendants will deposit with the Clerk the trust deeds of the four subject properties owned by CCPOA that were discussed in the defendants' application; during this stay period and until further Order after a ruling on defendants' Motion, CCPOA shall not encumber the properties, shall ensure that all property taxes would be paid, and shall ensure that the properties remain insured. (Waggoner, D)

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DAVID P. MASTAGNI, ESQ. (SBN 057721)
JAMES B. CARR, ESQ. (SBN 053274)
PHILLIP MASTAGNI, ESQ. (SBN 238254)
MASTAGNI, HOLSTEDT, AMICK,
MILLER & JOHNSEN
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]

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THOMAS J. UMBERG (SBN 94345)
DEAN J. ZIPSER (SBN 94680)
ADINA L. WITZLING (SBN (211719)
MANATT PHELPS & PHILLIPS, LLP
695 Town Center Drive, 14th Floor
Costa Mesa, CA 92626-1924
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Corrections USA, a California Corporation,
California Correctional Peace Officers
Association, a California Corporation,
Donald Joseph Baumann, and
James Baiardi

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN DAWE; FLAT IRON
MOUNTAIN ASSOCIATES, LLC,
formerly known as Flat Iron Mountain
Associates, a Partnership,

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Plaintiffs,
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vs.
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CORRECTIONS USA , a California
Corporation; et al.,
Defendants.

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Case No. 2:07-cv-01790-LKK-EFB
[CONSOLIDATED MASTER CASE]
[PROPOSED] ORDER ON DEFENDANTS’
APPLICATION FOR ORDER
CONTINUING STAY OF ENFORCEMENT
OF JUDGMENT PENDING DISPOSITION
OF DEFENDANTS’ MOTION TO ALLOW
POSTING OF ALTERNATIVE SECURITY
Courtroom: 4
Judge:
Hon. Lawrence K. Karlton
Trial:
July 27, 2010

AND RELATED COUNTERCLAIMS
AND CROSS-COMPLAINTS

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[Proposed] Order On Defendants’ Application for Order
Continuing Stay
300257094.1

DAWE, et al. v. CORRECTIONS USA, et al.
USDC, EDCA Case No.: 2:07-cv-01790

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Upon review of Defendants’ Application For Order Continuing Stay of Enforcement of

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Judgment Pending Disposition of Defendants’ Motion to Allow Posting of Alternative Security

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(the “Application”), which seeks an Order to stay the enforcement of the judgment in this action

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for sixty (60) days to allow for hearing and disposition of Defendants’ Motion to Allow Posting

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of Alternative Security (the “Motion”), and good cause appearing, the Application is GRANTED.

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In particular, the Court orders as follows:

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(1) The stay of enforcement of the Judgment in this action is continued for an additional

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sixty (60) days, to July 25, 2011.

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(2) Within 10 days of the entry of this Order, defendants will deposit with the Clerk the

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trust deeds of the four subject properties owned by CCPOA that were discussed in Defendants’

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Application, namely: (1) CCPOA’s West Sacramento headquarters; (2) a piece of land in Rancho

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Cucamonga; and (3) two houses in Natomas (hereinafter, the “Subject Properties”).

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(3) During this stay period and until further Order after a ruling on Defendants’ Motion,

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CCPOA shall not encumber the Subject Properties, shall ensure that all property taxes would be

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paid, and shall ensure that the Subject Properties remain insured.

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IT IS SO ORDERED

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Dated: May 24, 2011

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[Proposed] Order On Defendants’ Application for Order
Continuing Stay
300257094.1

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DAWE, et al. v. CORRECTIONS USA, et al.
USDC, EDCA Case No.: 2:07-cv-01790