Joshi et al v. Rocky Bluffs Property Owners' Association
Filing
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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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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
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION
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Plaintiffs,
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vs.
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ROCKY BLUFFS PROPERTY OWNERS’ )
ASSOCIATION, a California corporation, and )
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DOES 1 through 25,
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Defendants.
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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
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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
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IT IS HEREBY STIPULATED, by and between Plaintiffs Rakesh Joshi and Pranika
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Joshi (collectively, “Plaintiffs”) and Defendant Rocky Bluffs Property Owners’ Association
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(“Defendant”), as follows:
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WHEREAS on or about February 14, 2011, Defendant Rocky Bluffs Property Owners’
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Association filed a Special Motion to Strike Plaintiffs Rakesh Joshi’s and Pranika Joshis’
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(collectively, “Plaintiffs”) causes of action for defamation and false light in this Action (the
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“Motion”);
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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;
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WHEREAS Defendant sought to recover its attorney’s fees and costs incurred in
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preparing and filing the Motion, and following Plaintiffs’ voluntary dismissal of the
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aforementioned causes of action, Plaintiffs and Defendant came to an agreement regarding the
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payment of attorney’s fees in connection with the Motion;
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WHEREAS on or about March 4, 2011, Plaintiffs offered to pay Defendant Three-
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Thousand-Five-Hundred-Ninety-Seven dollars ($3,597.00) as Defendant’s reasonable attorney’s
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fees incurred in preparing and filing the Motion;
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WHEREAS on or about July 28, 2011, Defendant accepted Plaintiffs’ offer of ThousandFive-Hundred-Ninety-Seven dollars ($3,597.00); and
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WHEREAS Plaintiffs and Defendant have agreed further that payment of the attorney’s
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fees stated herein shall be due and payable: (1) on the date any settlement sum is to be exchanged
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by the parties or (2) within 15 days of the date that the court issues an order addressing the merits
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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
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judgment motion is not heard, the sums shall be made payable within 15 days of Rocky Bluffs
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and Plaintiffs signing a stipulation of dismissal of this case or the Court issues a dismissal. The
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parties agree that the Court will retain jurisdiction over this matter to ensure the sums are paid by
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Plaintiffs.
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IT IS SO STIPULATED.
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DATED: January 19, 2012
KAUFMAN DOLOWICH VOLUCK & GONZO LLP
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/s/ Katherine S. Catlos
______________________________________________
Katherine S. Catlos
Gabriel N. Rubin
Attorneys for Defendant
ROCKY BLUFFS PROPERTY
OWNERS’ASSOCIATION
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DATED: January 19, 2012
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_______________________________________________
Jason D. Annigian
Attorneys for Plaintiffs
RAKESH JOSHI AND PRANIKA JOSHI
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THE LAW OFFICES OF JASON D. ANNIGIAN, APC
IT IS SO ORDERED,
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Dated: January 20, 2012.
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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
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