United States of America v. EDF Resource Capital, Inc., et al

Filing 120

ORDER signed by District Judge John A. Mendez on 6/29/2018 APPROVING 119 Stipulation and DISMISSING Case With Prejudice, with all sides bearing their own attorneys' and experts' fees and all costs. CASE CLOSED. (York, M)

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1 2 3 4 5 6 7 8 CHAD A. READLER Acting Assistant Attorney General RUTH A. HARVEY KIRK MANHARDT JOHN R. KRESSE Commercial Litigation Branch, Civil Division United States Department of Justice P. O. Box 875 Ben Franklin Station Washington, D.C. 20044 Telephone: (202) 616-2238 Facsimile: (202) 307-0494 John.Kresse@usdoj.gov Attorneys for Plaintiff United States of America and Third-Party Defendant Brent M. Ciurlino 9 10 11 12 13 14 JERRY STOUCK (admitted pro hac vice) KURT A. KAPPES, SBN 146384 MICHAEL D. LANE, SBN 239517 GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 Telephone: (916) 442-1111 Facsimile: (916) 448-1709 stouckj@gtlaw.com kappesk@gtlaw.com lanemd@gtlaw.com 15 16 Attorneys for Defendant and Third-Party Plaintiff EDF Resource Capital, Inc. and Defendant Redemption Reliance, LLC 17 18 IN THE UNITED STATES DISTRICT COURT 19 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 20 21 22 23 24 25 26 27 UNITED STATES OF AMERICA, on behalf of its agency, the U.S. SMALL BUSINESS ADMINISTRATION, Plaintiff, vs. EDF RESOURCE CAPITAL, INC. and REDEMPTION RELIANCE, LLC, Defendants. CASE NO. 2:13-cv-1158 JAM EFB STIPULATION OF DISMISSAL WITH PREJUDICE AND RELATED CROSS-ACTIONS. 28 CASE NO. 2:13-CV-1158 JAM EFB STIPULATION OF DISMISSAL 1 IT IS HEREBY STIPULATED and agreed by and between the United States of America, on 2 behalf of the Plaintiff U.S. Small Business Administration (SBA), Third-Party Defendant Brent M. 3 Ciurlino, Defendant, Counter-Claimant and Third-Party Plaintiff EDF Resource Capital, Inc. (EDF) and 4 Defendant Redemption Reliance, LLC (collectively the Parties) as follows: 5 1. In accordance with Fed. R. Civ. P. 41(a)(1)(A)(ii), the Parties hereby stipulate as follows: 6 a. Each claim, counterclaim, or cross-claim brought by any of the Parties and Frank F. 7 Dinsmore (Dinsmore) in the above-captioned case is hereby dismissed with prejudice, 8 with all sides bearing their own attorneys’ and experts’ fees and all costs. 9 b. On August 25 and 27, 2015, Dinsmore and the Parties executed a Settlement 10 Agreement – Civil Action in the above-captioned case (the Settlement Agreement). 11 This dismissal is subject to the terms of the Settlement Agreement, including the scope 12 of the releases contained in the Settlement Agreement. 13 14 IT IS SO STIPULATED 15 DATED: June 29, 2018 CHAD A. READLER Acting Assistant Attorney General 16 17 18 19 20 21 22 By: /s/ John R. Kresse RUTH A. HARVEY KIRK MANHARDT JOHN R. KRESSE ATTORNEYS FOR THE UNITED STATES ON BEHALF OF THE SMALL BUSINESS ADMINISTRATION AND FOR BRENT M. CIURLINO 23 24 25 26 27 28 1 STIPULATION OF DISMISSAL 1 DATED: June 29, 2018 GREENBERG TRAURIG, LLP 2 By: /s/ Jerry Stouck Jerry Stouck Kurt A. Kappes Michael D. Lane 3 4 5 Attorneys for Defendants EDF Resource Capital, Inc. and Redemption Reliance, LLC 6 7 8 DATED: June 29, 2018 BRADLEY ARANT BOULT CUMMINGS, LLP 9 10 By: /s/ Stephen R. Spivack Stephen R. Spivack 11 Attorney for Proposed Intervenor Frank Dinsmore 12 13 14 15 16 17 It is so ORDERED DATED: 6/29/2018 /s/ John A. Mendez_____________ Hon. John A. Mendez United States District Court Judge 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION OF DISMISSAL

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