Advanced Building & Fabrication, Inc., et al. v. California Highway Patrol, et al.

Filing 162

JOINT STIPULATION AND ORDER FOR DISMISSAL OF ACTION AGAINST AYERS AND PAYMENT signed by District Judge Morrison C. England, Jr on 8/16/19.(Becknal, R)

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MICHAEL VON LOEWENFELDT (178665)
[e-mail]
FRANK BUSCH (258288)
[e-mail]
WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK LLP
100 Pine Street, Suite 725
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
Attorneys for Defendant
CURTIS AYERS

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADVANCED BUILDING & FABRICATION,
INC., a California Corporation, ROBERT
HONAN, an individual,

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Plaintiffs,
v.

Case No. 2:13-cv-02380-MCE-CKD
JOINT STIPULATION AND ORDER
FOR DISMISSAL OF ACTION
AGAINST AYERS AND PAYMENT
JUDGE: Hon. Morrison C. England, Jr.

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CALIFORNIA HIGHWAY PATROL, JOHN
WILSON, an individual, CURTIS J. AYERS,
an individual, and DOES 1 to 20, inclusive,

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TRIAL: [None]

Defendants.

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STIP & ORDER RE DISMISSAL AND PAYMENT

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JOINT STIPULATION AND ORDER
Plaintiffs ROBERT HONAN and ADVANCED BUILDING & FABRICATION, INC.

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(collectively “Plaintiffs”), and Defendant CURTIS AYERS (collectively the “Parties hereto”)

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have reached a settlement of the claims against Mr. Ayers. The settlement shall be paid by non-

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party the California Department of Tax and Fee Administration (“CDTFA”).

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The Parties and CDTFA hereto therefore stipulate as follows:

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1.

The Court shall order non-party California Department of Tax and Fee

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Administration (“CDTFA”) to pay Plaintiffs, as part of the settlement of this matter and on

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behalf of Defendant Ayers, four hundred thousand dollars ($400,000.00) as provided by the

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settlement agreement entered into between the Parties and CDTFA. A true and correct copy of

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that settlement agreement is attached hereto as Exhibit A. CDTFA has joined this stipulation, as

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reflected by its authorized signature below, and requires an order from the court for payment to

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issue. Nothing in this stipulation is nor shall be construed as an admission of liability by any of

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the Parties or CDTFA.

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2.

paid by a check or warrant and delivered by mail addressed as follows:

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Robert Honan
Owner, Advanced Building & Metal Fabrication, Inc.
2810 California State Hwy. 32
Chico, CA 95973

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CDTFA shall forthwith pay to Plaintiffs the sum of $400,000.00, which shall be

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Within five (5) court days of receipt of the $400,000 settlement amount, Plaintiffs

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shall, pursuant to Federal Rule of Civil Procedure 41(a), dismiss all claims against Defendant

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Ayers with prejudice. The dismissal does not affect the claims against the other defendants

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currently named in this action.

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4.

The Parties hereto shall bear their own attorneys’ fees and costs with respect to

the dismissed claims.
5.

This stipulation shall become effective upon entry of this Court’s order thereon.

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-1STIP & ORDER RE DISMISSAL AND PAYMENT

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6.

Notwithstanding dismissal of Defendant Ayers, with prejudice, this Court should

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retain jurisdiction over the dismissed claims to enforce the terms of the Parties’ and CDTFA’s

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settlement agreement.

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Dated: _____________, 2019

WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK LLP

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By:

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MICHAEL VON LOEWENFELDT

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Attorneys for Defendant
CURTIS AYERS

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Dated: _____________, 2019

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ESTES LAW GROUP
By:
POLLY ESTES

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Attorneys for Plaintiff
ROBERT HONAN AND ADVANCED
BUILDING & FABRICATION, INC.

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Dated: _____________, 2019

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By:
NICOLAS MADUROS, Director

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CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION

IT IS SO ORDERED.
Dated: August 6, 2019

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-2STIP & ORDER RE DISMISSAL AND PAYMENT