DeMartini, et al. v. DeMartini, et al.

Filing 63

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/26/15 GRANTING 50 Motion for Order for return of bond with interest. Good cause appearing therefor, the $10,000 cash deposit posted by Plaintiffs with the Clerk of th e Nevada County Superior Court on 9/17/14 as security for the issuance of the Court's 9/16/14 temporary restraining order, and all interest accrued thereon from the date of deposit, SHALL be released to Plaintiffs, and the Clerk of the Nevada County Superior Court is AUTHORIZED to do so. (cc: Nevada County Superior Court; Financial). (Meuleman, A)

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1 2 3 4 5 6 PETER H. CUTTITTA – SBN 76176 PORTER SIMON Professional Corporation 40200 Truckee Airport Road Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 Attorneys for TIMOTHY P. DEMARTINI and MARGIE DEMARTINI 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 TIMOTHY P. DEMARTINI and MARGIE DEMARTINI, 16 17 18 STIPULATION TO RELEASE OF FOR THE RETURN OF BOND WITH INTEREST AND ORDER THEREON Plaintiffs, 14 15 Case No.: 2:14-CV-02722 v. MICHAEL J. DEMARTINI, RENATE DEMARTINI aka RENATE B. DEMARTINI, and DOES 1 through XX, inclusive, 19 Defendants. 20 \ 21 22 Come now Plaintiffs, acting by and through their counsel of record, and Defendants, in 23 propria persona, and stipulate that the $10,000 cash deposit posted by Plaintiffs with the Clerk of 24 the Nevada County Superior Court on September 17, 2014 as security for the issuance of the 25 Court’s September 16, 2014 temporary restraining order, and all interest accrued thereon from the 26 date of deposit, shall be released to Plaintiffs. It is further stipulated that the release of this 27 deposit shall be without prejudice to Defendants’ rights to tender claims for any damages which 28 they contend that they have suffered as a result of the issuance of the injunction, if it is finally LAW OFFICE OF PORTER SIMON Professional Corporation 40200 Truckee Airport Rd. Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 {00527560.DOC 1 } PAGE 1 1 determined that Plaintiffs were not entitled to its issuance, or to the presentation of any defenses 2 to such claims which may be asserted by Plaintiffs. 3 4 DATED: June 25, 2015 PORTER SIMON Professional Corporation 5 6 7 ________________________________ Peter H. Cuttitta Attorneys for Plaintiffs TIMOTHY P. DEMARTINI and MARGIE DEMARTINI 8 9 10 11 12 DATED: ________________________________ Michael J. DeMartini Defendant, In Propria Persona DATED: ________________________________ Renate DeMartini Defendant, In Propria Persona 13 14 15 16 17 18 19 ORDER 20 21 Good cause appearing therefor, the $10,000 cash deposit posted by Plaintiffs with the 22 Clerk of the Nevada County Superior Court on September 17, 2014 as security for the issuance of 23 the Court’s September 16, 2014 temporary restraining order, and all interest accrued thereon from 24 the date of deposit, shall be released to Plaintiffs, and the Clerk of the Nevada County Superior 25 Court is authorized to do so. 26 Dated: June 26, 2015 27 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 28 LAW OFFICE OF PORTER SIMON Professional Corporation 40200 Truckee Airport Rd. Truckee, CA 96161 Telephone: (530) 587-2002 Facsimile: (530) 587-1316 {00527560.DOC 1 } PAGE 2

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