Federal Deposit Insurance Corporation v. Varrasso et al

Filing 93

STIPULATION and ORDER Regarding Counterclaims of Third Party Defendant Sophie Reisiyannejad for Indemnity, Contribution and Apportionment of Fault 92 signed by Senior Judge William B. Shubb on 2/26/2013 vacating the hearing on 90 Premiere Valle y's AMENDED MOTION to DISMISS set for 3/11/2013. Third Party Defendant agrees to dismiss, without prejudice, the first and second counterclaims against Third Party Plaintiffs for Indemnity and Contribution. The remaining counterclaim for appor tionment is deemed denied and answered, with all affirmative defenses alleged by Third Party Plaintiffs in response to the underlying complaint in this action deemed preserved with respect to the counterclaim. Third Party Defendant will have 30 days from the date this Stipulation and Order is approved by the Court to file an amended counterclaim or cross-claim. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for
INDYMAC BANK, F.S.B.,

Case No. CIV.2:11-2628-WBS-CKD

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vs.

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RICHARD K. VARRASSO dba
Richard Varrasso and Associates and
AppraisalTrust.com, an individual;
PREMIER VALLEY, INC. dba
CENTURY 21 M&M ASSOCIATES, a
California corporation; and KAREN
BHATTI, an individual,

STIPULATION AND [PROPOSED]
ORDER REGARDING
COUNTERCLAIMS OF THIRD PARTY
DEFENDANT SOPHIE REISIYANNEJAD
FOR INDEMNITY, CONTRIBUTION,
AND APPORTIONMENT OF FAULT
Honorable William B. Shubb
Trial: April 16, 2013

Plaintiff,

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Defendants,

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and
PREMIER VALLEY, INC. dba
CENTURY 21 M&M AND
ASSOCIATES,
Defendants and Third Party
Plaintiffs

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vs.
SOPHIE REISIYANNEJAD aka
SOPHIE NEJAD, WESTERN
INVESTMENT NETWORK, INC., dba
ERA THE PROPERTY

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Stipulation and [Proposed] Order re
Counterclaims
Case NO. CIV.2:11-2628 WBS CKD

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PROFESSIONALS; ANWAR
FRONTAN aka RAY FOROTAN aka
ANWAR FOROTAN, individually and
dba ALPINE MORTGAGE a business
entity form unknown, ONE STOP
REAL ESTATE, INC., a California
corporation, EQUAL PARTNERS
LENDING, INC, a California
corporation, EMMANUEL KIM,
KAY-CO INVESTMENTS, INC dba
PRO30 FUNDING, MARISSA
WEISBLY, JOSIE RICH, ALI
AMIDY and SYLVIA MITRE,
Third-Party Defendants.
and
SOPHIE REISIYANNEJAD AKA
SOPHIE NEJAD
Third-Party Defendant and
Counter-Claimant
vs.
KAREN BHATTI and PREMIER
VALLEY, INC. dba CENTURY 21
M&M AND ASSOCIATES
Defendants, Third Party Plaintiffs and
Counter-Defendants

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IT IS HEREBY STIPULATED and agreed by and between Defendants and Third Party
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Plaintiffs KAREN BHATTI and PREMIER VALLEY, INC. dba CENTURY 21 M&M AND
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ASSOCIATES (“Third Party Plaintiffs”) and Third Party Defendant and Counter-Claimant
SOPHIE REISIYANNEJAD aka SOPHIE NEJAD (“Third Party Defendant”) (collectively, the
“Parties”) as follows:

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Whereas, on or about January 14, 2013, Third Party Defendant SOPHIE
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REISIYANNEJAD filed counterclaims for indemnity, contribution, and apportionment of fault
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against Third Party Plaintiffs (Dkt #82);
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Whereas, on or about February 5, 2013, Third Party Plaintiffs filed a motion to dismiss the
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counterclaims pursuant to F.R.C.P. 12(b)(6) (Dkt #90);
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Whereas, the parties have met and conferred regarding the motion;
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Now, therefore, the Parties stipulate and agree as follows:
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1.

Third Party Defendant agrees to dismiss, without prejudice, the first and second

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Stipulation and [Proposed] Order re
Counterclaims
Case NO. CIV.2:11-2628 WBS CKD

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counterclaims against Third Party Plaintiffs for Indemnity and Contribution. Such dismissal does

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not preclude Third Party Defendant from re-filing counterclaims for indemnity or contribution

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against Third Party Plaintiffs should any other party to this action, either formally or informally,

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later assert claims against or seek relief from Third Party Defendant, or in the event Third Party

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Defendant settles with any such other party or satisfies all or any part of any judgment thereto

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(any such claims presently non-existent but denied if later asserted).

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2.

The third counterclaim for apportionment will not be dismissed.

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3.

The remaining counterclaim for apportionment is deemed denied and answered,

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with all affirmative defenses alleged by Third Party Plaintiffs in response to the underlying
complaint in this action deemed preserved with respect to the counterclaim.
4.

Nothing hereby affects Third Party Defendant’s rights at trial relative to its

comparative fault and related affirmative defenses.
5.

The Parties agree that Third Party Defendant will have 30 days from the date this

Stipulation and Order is approved by the Court to file an amended counterclaim or cross-claim.
6.

The Parties hereby respectfully request that the Court take the March 11, 2013

hearing on Third Party Plaintiffs’ aforesaid Motion to Dismiss off calendar.
IT IS SO STIPULATED.
Dated: February 22, 2013
TRIEBSCH & FRAMPTON

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By: /s/ Cory B. Chartrand
Cory B. Chartrand
Michael G. Dini
Attorneys for Third Party Plaintiffs KAREN
BHATTI and PREMIER VALLEY, INC. dba
CENTURY 21 M&M AND ASSOCIATES
(As Authorized on February 22, 2013)

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Dated: February 22, 2013
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WEYAND LAW FIRM, A Professional Corporation
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By: _/s/ Rebecca M. Hoberg___________________
Alexander M. Weyand

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Stipulation and [Proposed] Order re
Counterclaims
Case NO. CIV.2:11-2628 WBS CKD

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Rebecca M. Hoberg
Attorneys for Defendant SOPHIE
REISIYANNEJAD aka SOPHIE NEJAD
(As Authorized on February 22, 2013)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: February 26, 2013

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Stipulation and [Proposed] Order re
Counterclaims
Case NO. CIV.2:11-2628 WBS CKD

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