Siemens Industry, Inc. v. CTC Services, INC.

Filing 29

STIPULATION and ORDER TO DISMISS ACTION WITHOUT PREJUDICE UPON CONDITIONAL SETTLEMENT WITH RETENTION OF JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT AND STIPULATED JUDGMENT signed by District Judge Troy L. Nunley on 05/13/16. CASE CLOSED(Benson, A)

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Benjamin R. Trachtman, Esq. [SBN 137458]
[e-mail]
Ryan M. Craig, Esq. [SBN 220648]
[e-mail]
TRACHTMAN & TRACHTMAN, LLP
23046 Avenida De La Carlota, Suite 300
Laguna Hills, CA 92653
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff SIEMENS INDUSTRY, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIEMENS INDUSTRY, INC.,
Plaintiff,

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v.
CTC SERVICES, INC., and DOES
1 Through 20, inclusive,

No.

2:14-CV-00682-TLN-EFB

STIPULATION AND ORDER TO DISMISS
ACTION WITHOUT PREJUDICE UPON
CONDITIONAL SETTLEMENT WITH
RETENTION OF JURISDICTION TO
ENFORCE SETTLEMENT AGREEMENT AND
STIPULATED JUDGMENT

Defendants.

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This Stipulation is made between Plaintiff Siemens Industry,
Inc. (“Plaintiff”) and Defendant CTC Services, Inc. (“Defendant”)
(collectively, the “Parties”), in light of the following facts:

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WHEREAS,

the

Parties

have

conducted

ongoing

settlement

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discussions

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settlement, the Parties engaged in mediation on April 20, 2015 and

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on February 23, 2016 with the assistance of Sacramento attorney

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and mediator Kenneth Malovos, Esq.;

between

WHEREAS,

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the

counsel

Parties

and

have

in

furtherance

reached

a

of

settlement

potential

which

is

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embodied in the Settlement and Mutual Release Agreement, effective

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as of February 26, 2016, a true copy of which is attached hereto

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as Exhibit “A”; and

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WHEREAS,

the

Settlement

and

Mutual

Release

Agreement

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provides, in part, for monthly payments by Defendant to Plaintiff

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over

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Stipulated Judgment, a true copy of which is attached hereto as

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Exhibit “B”, to be entered and enforced only in the event of

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material default by Defendant in performance of the terms and

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conditions of the Settlement and Mutual Release Agreement; and,

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now, therefore:

a

period

of

eighteen

(18)

months

to

be

secured

by

a

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IT IS STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF AND

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DEFENDANT, through their respective counsel, that the amount of

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the Stipulated Judgment is neither a penalty nor a liquidated
damage charge. The amount of the Stipulated Judgment takes into
consideration the economics associated with proceeding further
with this matter, including but not limited to:

(a) A fully

performed settlement; (b) Limiting the continuing attorney’s fees
and costs related to litigation; (c) Limiting attorney’s fees and

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costs

related

limited

to,

to

post-Judgment

Judgment

Debtor

procedures,

Examinations,

including
debtor

but

and

not

asset

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searches, levies, writs, assignments and Sister-State Judgments;

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and (d) Elimination of the uncertainties related to collection of

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a

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performance by the Defendant; and

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Judgment

in

contrast

to

a

full

voluntary

payment

and

IT IS FURTHER STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF

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AND

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event of default by Defendant, Plaintiff shall comply with the

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notice procedure set forth in Paragraph 1.c. of the Agreement, as

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quoted further below, when proceeding for entry of the Stipulated

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Judgment

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DEFENDANT,

by

through

their

application

or

respective

motion,

counsel,

with

that

in

opportunity

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for

opposition by applicable statute or rule; and
IT IS FURTHER STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF
AND DEFENDANT, through their respective counsel, that Defendant
waives Notice of Entry of Judgment.

Each party waives the right

to appeal from the Judgment entered hereon.
IT IS FURTHER STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF
AND DEFENDANT, through their respective counsel, that this action
shall be dismissed without prejudice, but that the Court shall
retain jurisdiction for the purpose of enforcing the Settlement
and Mutual Release Agreement as provided in Paragraph 1.c. thereof
as follows:

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the

“[I]n the event CTC fails to make any monthly payment
when due and such failure continues for a period in
excess of 30 days, upon only written notice (as CTC
expressly waives personal service of any notice,
application, or motion) from SIEMENS delivered by
certified mail-return receipt requested via the United
States Postal Service (“USPS”), or overnight delivery
via Federal Express (“FedEx”) or United Parcel Service

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(“UPS”) with a tracking number to CTC’s agent for
service of process according to the website for the
California Secretary of State at the time notice is
provided, currently Susan R. Stoll, 1725 Foxridge
Circle, Auburn, CA 95603, and proof of such failure of
payment by CTC to the court by application or motion,
judgment shall be entered against CTC in the amount of
$200,000.00, in addition to attorneys’ fees and costs
provided for in Paragraph 7. below incurred by Siemens
in securing entry of judgment on the Stipulated
Judgment and that despite the dismissal of Action No.
1 as hereinafter provided, the court shall retain
jurisdiction to enter such judgment enforcing this
settlement.

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IT IS FURTHER STIPULATED AND AGREED BY AND BETWEEN PLAINTIFF
AND

DEFENDANT,

payment

in

full

through
by

their

respective

Defendant

to

counsel,

Plaintiff

that

pursuant

to

upon
the

Agreement, this action shall be dismissed in its entirety with
prejudice.
IT IS SO STIPULATED.
Dated: March 9, 2016

REYNOLDS MADDUX WOODWARD LLP

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By:

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Dated:

March 9, 2016

/s/ Phillip J. Maddux
(as authorized 03-09-16)
Phillip J. Maddux
Attorneys for Defendant
CTC Services, Inc.

TRACHTMAN & TRACHTMAN, LLP

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By:

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/s/Benjamin R. Trachtman______
(as authorized 03-09-16)
Benjamin R. Trachtman
Ryan M. Craig
Attorneys for Plaintiff
Siemens Industry, Inc.

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IT IS SO ORDERED.
Dated: May 13, 2016

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Troy L. Nunley
United States District Judge

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