Volkswagen of America, Inc. v. Maverick Auto Group 2 LLC, et al

Filing 33

STIPULATION AND ORDER signed by Judge John A. Mendez on 3/9/2015 VACATING 27 Judgment; DISMISSING the 1 Complaint and any and all claims for relief with prejudice. (cc: Ninth Circuit) (Michel, G.)

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Christian J. Scali, Esq. (SBN 193785)
THE SCALI LAW FIRM
800 Wilshire Blvd., 12th Floor
Los Angeles, California 90017
Phone No.: [phone]
Fax No.: [phone]
Attorney for Defendants,
MAVERICK AUTO GROUP 2, LLC,
dba VOLKSWAGEN OF FAIRFIELD
and RAHIM HASSANALLY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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VOLKSWAGEN OF AMERICA, INC.,

Case No. 2:13-CV-00802-JAM-EFB

Plaintiff,

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v.

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MAVERICK AUTO GROUP 2, LLC,
dba VOLKSWAGEN OF FAIRFIELD
and RAHIM HASSANALLY,

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STIPULATION AND ORDER TO
VACATE THE JUDGMENT AND
DISMISS THIS ACTION WITH
PREJUDICE

Defendants.

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Plaintiff, Volkswagen of America, Inc. (“Plaintiff”) and Defendants Maverick

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Auto Group 2, LLC dba Volkswagen of Fairfield and Rahim Hassanally (collectively

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“Defendants”) (Volkswagen and Defendants referred to collectively as the “Parties”)

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hereby submit the following stipulation to vacate the judgment and dismiss the above-

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captioned matter with prejudice.

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WHEREAS, Plaintiff filed a Complaint in the United States District Court for

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the Eastern District of California – Sacramento Division, alleging causes of action for

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Breach of Contract and Breach of Guarantee (“Complaint”) against Defendants on or

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about April 24, 2013;

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00027309.1

STIPULATION AND [PROPOSED] ORDER TO VACATE THE JUDGMENT
AND DISMISS THIS ACTION WITH PREJUDICE

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WHEREAS this Court granted Plaintiff’s Motion for Summary Judgment and

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entered judgment against the Defendants on or about December 11, 2014

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(“Judgment”); and,

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WHEREAS the Parties subsequently reached an agreement regarding the

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dispute that is the subject of the Complaint and Judgment, thereby resolving this action

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and related disputes entirely.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the

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Parties that the Judgment be vacated and that the above-captioned action is dismissed

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with prejudice. See, Fed. R. Civ. P. Rules 41 and 60.

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DATED: March 6, 2015

THE SCALI LAW FIRM
BY: /s/ Christian J. Scali, Esq.
Christian J. Scali, Esq.
Attorney for Defendants,
MAVERICK AUTO GROUP 2, LLC, dba
VOLKSWAGEN OF FAIRFIELD and
RAHIM HASSANALLY

DATED: March 6, 2015

NELSON MULLINS RILEY &
SCARBOROUGH, LLP

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BY: S/Paul T. Collins
Paul T. Collins, Esq.
Attorney for Plaintiff,
VOLKSWAGEN OF AMERICA, INC.

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00027309.1

STIPULATION AND [PROPOSED] ORDER TO VACATE THE JUDGMENT
AND DISMISS THIS ACTION WITH PREJUDICE

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ORDER

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IT IS HEREBY ORDERED, that the Judgment entered on or about December

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11, 2014 is vacated and that the Complaint and any and all claims for relief in the

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above-captioned matter, U.S.D.C. E.D.Cal. Case No. 2:13-cv-00802-JAM-EFB, are

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hereby dismissed with prejudice.
IT IS SO ORDERED.

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DATED: 3/9/2015

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/s/ John A. Mendez__________________________
HON JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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00027309.1

STIPULATION AND [PROPOSED] ORDER TO VACATE THE JUDGMENT
AND DISMISS THIS ACTION WITH PREJUDICE