Joshi et al v. Rocky Bluffs Property Owners' Association

Filing 36

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/20/2012 ORDERING 35 Plaintiffs and Defendant have agreed further that payment of the attorney's fees stated herein shall be due and payable, on the date any settlement sum is to be exchanged by the parties or within 15 days of the date that the court issues an order addressing the merits of any motion for summary judgment. If the case is not resolved by settlement or a summary judgment motion is not heard, the sums shall be ma de payable within 15 days of Rocky Bluffs and Plaintiffs signing a stipulation of dismissal of this case or the Court issues a dismissal. The parties agree that the Court will retain jurisdiction over this matter to ensure the sums are paid by Plaintiffs. (Reader, L)

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1 2 3 4 5 6 7 8 KAUFMAN DOLOWICH VOLUCK & GONZO LLP KATHERINE S. CATLOS, ESQ. SBN 184227 kcatlos@kdvglaw.com GABRIEL N. RUBIN, ESQ. SBN 241659 grubin@kdvglaw.com 425 California Street, Suite 2100 San Francisco, CA 94104 Telephone: (415) 402-0059 Facsimile: (415) 402-0679 Attorneys for Defendant ROCKY BLUFFS PROPERTY OWNERS’ ASSOCIATION 9 10 11 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SACRAMENTO DIVISION 12 13 14 15 16 17 18 19 20 21 ) ) ) ) ) Plaintiffs, ) ) vs. ) ) ROCKY BLUFFS PROPERTY OWNERS’ ) ASSOCIATION, a California corporation, and ) ) DOES 1 through 25, ) ) Defendants. ) ) RAKESH JOSHI, an individual; PRANIKA JOSHI, an individual; Case No.: 2:11-cv-00083-LKK-CMK ACTION FILED: January 10, 2011 STIPULATION AND ORDER REGARDING PLAINTIFFS’ AGREEMENT TO PAY DEFENDANT’S ATTORNEY’S FEES AND COSTS INCURRED IN PREPARING AND FILING DEFENDANT’S SPECIAL MOTION TO STRIKE IN THE AMOUNT OF $3,597 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO PAY ATTORNEY’S FEES AND COSTS DEFENDANT INCURRED IN PREPARING AND FILING ITS SPECIAL MOTION TO STRIKE CASE NO. 2:11-CV-00083-LKK-CMK PAGE 1 1 IT IS HEREBY STIPULATED, by and between Plaintiffs Rakesh Joshi and Pranika 2 Joshi (collectively, “Plaintiffs”) and Defendant Rocky Bluffs Property Owners’ Association 3 (“Defendant”), as follows: 4 5 WHEREAS on or about February 14, 2011, Defendant Rocky Bluffs Property Owners’ 6 Association filed a Special Motion to Strike Plaintiffs Rakesh Joshi’s and Pranika Joshis’ 7 (collectively, “Plaintiffs”) causes of action for defamation and false light in this Action (the 8 “Motion”); 9 10 11 WHEREAS on or about March 4, 2011, Plaintiffs dismissed their causes of action for defamation and false light and thereby rendering moot Defendant’s Motion; 12 13 WHEREAS Defendant sought to recover its attorney’s fees and costs incurred in 14 preparing and filing the Motion, and following Plaintiffs’ voluntary dismissal of the 15 aforementioned causes of action, Plaintiffs and Defendant came to an agreement regarding the 16 payment of attorney’s fees in connection with the Motion; 17 18 WHEREAS on or about March 4, 2011, Plaintiffs offered to pay Defendant Three- 19 Thousand-Five-Hundred-Ninety-Seven dollars ($3,597.00) as Defendant’s reasonable attorney’s 20 fees incurred in preparing and filing the Motion; 21 22 23 WHEREAS on or about July 28, 2011, Defendant accepted Plaintiffs’ offer of ThousandFive-Hundred-Ninety-Seven dollars ($3,597.00); and 24 25 WHEREAS Plaintiffs and Defendant have agreed further that payment of the attorney’s 26 fees stated herein shall be due and payable: (1) on the date any settlement sum is to be exchanged 27 by the parties or (2) within 15 days of the date that the court issues an order addressing the merits 28 of any motion for summary judgment. If the case is not resolved by settlement or a summary STIPULATION AND [PROPOSED] ORDER TO PAY ATTORNEY’S FEES AND COSTS DEFENDANT INCURRED IN PREPARING AND FILING ITS SPECIAL MOTION TO STRIKE CASE NO. 2:11-CV-00083-LKK-CMK PAGE 2 1 judgment motion is not heard, the sums shall be made payable within 15 days of Rocky Bluffs 2 and Plaintiffs signing a stipulation of dismissal of this case or the Court issues a dismissal. The 3 parties agree that the Court will retain jurisdiction over this matter to ensure the sums are paid by 4 Plaintiffs. 5 6 IT IS SO STIPULATED. 7 8 DATED: January 19, 2012 KAUFMAN DOLOWICH VOLUCK & GONZO LLP 9 /s/ Katherine S. Catlos ______________________________________________ Katherine S. Catlos Gabriel N. Rubin Attorneys for Defendant ROCKY BLUFFS PROPERTY OWNERS’ASSOCIATION 10 11 12 13 14 15 16 DATED: January 19, 2012 17 _______________________________________________ Jason D. Annigian Attorneys for Plaintiffs RAKESH JOSHI AND PRANIKA JOSHI 18 19 20 THE LAW OFFICES OF JASON D. ANNIGIAN, APC IT IS SO ORDERED, 21 22 23 Dated: January 20, 2012. 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO PAY ATTORNEY’S FEES AND COSTS DEFENDANT INCURRED IN PREPARING AND FILING ITS SPECIAL MOTION TO STRIKE CASE NO. 2:11-CV-00083-LKK-CMK PAGE 3

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