Alberts, et al., v. Razor Audio Inc.

Filing 94

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/16/14 ORDERING that the entire action is DISMISSED with prejudice pursuant to FRCP 41(a), each party to bear their own fees and costs.CASE CLOSED.(Mena-Sanchez, L)

LOCKE LORD LLP
Krista J. Dunzweiler (SBN 227384)
[e-mail]
500 Capitol Mall, Suite 1800
Sacramento, CA 95814
Telephone:
916.930.2500
Facsimile:
916.930.2501
Attorneys for Plaintiffs JAMES R.
ALBERTS and BRIAN CAMERON
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
JAMES R. ALBERTS and BRIAN
CAMERON,

Civil Action No. 2:10-CV-01215-TLN-AC
STIPULATED REQUEST FOR
DISMISSAL; ORDER OF DISMISSAL

Plaintiffs,
v.
RAZOR AUDIO, INC., a Delaware corporation;
TOM ALBERTS, individually; JACK
CRAWFORD, JR., individually; JACOB
JORGENSEN, individually; HENRY
MONTGOMERY, individually; and DOES 5
through 10, inclusive,
Defendants.
_______________________________________
AND RELATED CROSS-CLAIM

Plaintiffs, JAMES R. ALBERTS and BRIAN CAMERON, through their counsel of record,
Krista Dunzweiler, and Defendants/Cross-Defendants JACK CRAWFORD, JR., JACOB
JORGENSEN, and HENRY MONTGOMERY and Cross-Defendants VELOCITY VENTURE
CAPITAL, LLC, VELOCITY VC MANAGEMENT II, LLC AND VELOCITY VC PARTNERS II,
L.P., through their counsel of record, James Kachmar, hereby agree and stipulate as follows:
///
WHEREAS, the First Amended Complaint (Dkt. # 11) was filed on or about July 22, 2010.
Case No. 2:10-cv-01215-TLN-AC

1

STIPULATED REQUEST FOR DISMISSAL

WHEREAS, Defendant Tom Alberts died in late 2012 during the pendency of the action.
WHEREAS, counsel for Defendants Jack Crawford, Jr., Jacob Jorgensen, and Henry
Montgomery and Cross-Defendants Velocity Venture Capital, LLC, Velocity VC Management II,
LLC and Velocity VC Partners II, L.P filed and served a Statement of Death on December 14, 2012
(Docket No. 61).
WHEREAS, counsel for Tom Alberts subsequently served a copy of the Statement of Death
(Docket No. 61) on all parties on January 7, 2013, and has declined to participate in this action since
then, including failing to prosecute the cross-claim or to assist with the preparation of the Final Joint
Pretrial Conference Statement (Dkt. # 70). 1
WHEREAS, Plaintiffs did not substitute in the estate of Tom Alberts as a defendant.
WHEREAS, Tom Alberts’ estate did not substitute into the action in order to pursue the
Cross-Complaint.
WHEREAS, this matter was set to commence trial on June 9, 2014, but was continued to
January 26, 2015, due to a conflict with the Court’s calendar (Dkt. #91).
WHEREAS, Plaintiffs have reached an agreement with the remaining defendants, Jack
Crawford, Jr., Jacob Jorgensen, and Henry Montgomery to resolve their dispute, pursuant to which,
Plaintiffs agreed to dismiss the current action, with each party to bear their own attorneys’ fees and
costs.
IT IS HEREBY REQUESTED THAT the entire action be dismissed with prejudice pursuant
to Federal Rules of Civil Procedure Rule 41(a), with each party to bear their own fees and costs.
DATED: September 16, 2014

LOCKE LORD LLP
/s/ Krista J. Dunzweiler
KRISTA J. DUNZWEILER, CA SNB 227384
500 Capitol Mall, Suite 1800
Sacramento, CA 95814
[e-mail]
Telephone: [phone]
Facsimile: 916.930.2501
Attorneys for Plaintiffs and Cross-Defendants JAMES
R. ALBERTS and BRIAN CAMERON

1

Counsel for Tom Alberts declined to participate in this Stipulation.
Case No. 2:13-cv-00244-01215-TLN-AC
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STIPULATED REQUEST FOR DISMISSAL

DATED: September 16, 2014

WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN, LAW CORPORATION
/s/ James Kachmar
JAMES KACHMAR, CA SNB 216781
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
[e-mail]
Telephone: [phone]
Facsimile: 916.446.1611
Attorneys for Defendants and Cross-Defendants
JACK CRAWFORD, JR., JACOB JORGENSEN and
HENRY MONTGOMERY, and Cross-Defendants
VELOCITY VENTURE CAPITAL, LLC,
VELOCITY VC MANAGEMENT II, LLC AND
VELOCITY VC PARTNERS II, L.P.

Case No. 2:13-cv-00244-01215-TLN-AC

3

STIPULATED REQUEST FOR DISMISSAL

ORDER
IT IS HEREBY ORDERED that the entire action is hereby dismissed with prejudice
pursuant to Federal Rules of Civil Procedure Rule 41(a), each party to bear their own fees and costs.

Dated: September 16, 2014

Troy L. Nunley
United States District Judge

Case No. 2:13-cv-00244-01215-TLN-AC

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STIPULATED REQUEST FOR DISMISSAL