Anthony, et al v. Benefield et al

Filing 38

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/19/10: It is the Order of this Court that the lis pendens currently recorded against the property commonly referred to as the Oroville Inn located at 2066 Bird Street, Oroville, California, which was the subject premises in the above-entitled action shall be removed. (Kaminski, H)

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Drexel A. Bradshaw (SBN 209584) Brenda D. Posada (SBN 152480) Bradshaw & Associates, P.C. 44 Montgomery Street Thirty-eighth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Angela Anthony, John Anthony, Joseph Adams, Nick Adams, Patrick Beeler, Mark Boswell, Mark Boswell Jr., Tommy Boswell, Melissa Catron, John Cooper, Richard De La Vega, Donald Durbin, Horace Durbin, Teresa Durbin, Don Francis, Tina M. Frederickson, Jessica Graham, David Hardy, Ronda Hughes, Jerry Jones, Sandra S. Jones, Mark LePage, Monique Karki, John Macdonald, Scott R. Martin, Dale Melvin, Stefany Millward, Patrick Millward, Susan Murchison, Robert Rosas, Jack L. Smith, Rebecca Smith, Tory Stepp, Travis Spinale, Jamie Wahl, Nita Webster, and Sean W. Wood Jr., Plaintiffs, v. Jonothan Benefield, Julie Benefield, Walnut Hill Estate Enterprises, LLC, and DOES 1 through 100, inclusive, Defendants.

Case No.: 2:10-CV-00689 MCE DAD

STIPULATION TO REMOVE LIS PENDENS

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: The parties in this action enter into the following stipulation: WHEREAS on September 15, 2010, Defendants Jonothan Benefield, Julie Benefield, Walnut Hill Estate Enterprises, LLC, and Plaintiffs Angela Anthony, et al. entered into a settlement of the above-entitled action in its entirety; and
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WHEREAS, Plaintiffs agree to remove the lis pendens previously recorded against the real property owned by the Defendants which is commonly known as the "Oroville Inn" located at 2066 Bird Street, Oroville, California [erroneously referred to as 2166 Bird Street, Oroville, California in the Notice filed with the Eastern District Court of California and filed with said court on April 1, 2010] IT IS HEREBY STIPULATED AND AGREED as follows: 1. By this stipulation and proposed order, the Notice of Pendency of Action (Lis

Pendens) recorded by Plaintiffs Angela Anthony, et al., in the County of Butte against the property referred to as the Oroville Inn on April 10, 2010 is to be removed. 2. The Defendants agree that they will take nothing as a result of Plaintiffs having filed

the Lis Pendens against the subject property. Defendants likewise agree not to pursue any request for monetary sanctions against Plaintiffs, or their attorneys, for having filed the lis pendens against the subject property. 3. pendens. 4. Attached as Exhibit A hereto is a true and correct copy of the Notice of Pendency of The parties agree to cooperate with one another to effectuate the removal of the lis

Action recorded with the County of Butte on April 20, 2010. IT IS SO STIPULATED: DATED: October 19, 2010 BRADSHAW & ASSOCIATES A Professional Corporation By: /s/ _____ Brenda D. Posada, Esq. Attorney for Plaintiffs

DATED: October 19, 2010

FIELD & SANDERS By: /s/ _____ Fred G. Weisner, Esq. Attorney for Defendants

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DATED: October 19, 2010

MICHEL & FACKLER

By: _______/s/_______________ Jeff Fackler, Esq. Attorney for Defendants

ORDER The parties having stipulated as set forth herein, it is the Order of this Court that the lis pendens currently recorded against the property commonly referred to as the "Oroville Inn" located at 2066 Bird Street, Oroville, California, which was the subject premises in the above-entitled action shall be removed. IT IS SO ORDERED. DATED: October 19, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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