Paskenta Band of Nomlaki Indians et al v. Crosby et al

Filing 557

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/16/2022 ORDERING the Paskenta Band of Nomlaki Indians is the rightful owner and holder of all rights, interests, and title to and in the Subject Interests and the Proceeds. All rights, interests, and Title to and in the Subject Interests and the Proceeds is vested in the Paskenta Band of Nomlaki Indians. The CRP Entities shall pay and/or transfer, in accordance with instructions from the Paskenta Band of Nomlaki Indians, all rights, interest, and title to and in the Subject Interests and Proceeds, inclusive of any returns earned. (Zignago, K.)

G
1
2
3
4
5
6
7

STUART G. GROSS (#251019)
[e-mail]
TRAVIS H. A. SMITH (SBN 331305)
[e-mail]
ROSS A. MIDDLEMISS (SBN 323737)
[e-mail]
GROSS & KLEIN LLP
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]

JOSEPH R. SAVERI (#130064)
[e-mail]
CHRISTOPHER K.L. YOUNG (#318371)
[e-mail]
JOSEPH SAVERI LAW FIRM, INC.
555 Montgomery Street, Suite 1210
San Francisco, CA 94111
t [phone]
f [phone]

8
9

GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

10

Attorneys for Plaintiffs the Paskenta Band of Nomlaki Indians
and the Paskenta Enterprises Corporation

11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

PASKENTA BAND OF NOMLAKI INDIANS;
and PASKENTA ENTERPRISES
CORPORATION,

15

Plaintiffs,

16
17
18
19

v.
INES CROSBY; et al.

Case No. 15-cv-00538-MCE-DMC
STIPULATION AND
ORDER RE PROCEEDS OF
INVESTMENTS IN CRP111 WEST,
CASTELLAN MANAGING MEMBER
LLC, 141ST LLC, CRP WEST 168TH
STREET LLC, AND CRP SHERMAN
AVENUE LLC

Defendants.

20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER RE PROCEEDS OF INVESTMENTS IN CRP111 WEST, CASTELLAN MANAGING
MEMBER LLC, 141ST LLC, CRP WEST 168TH STREET LLC, AND CRP SHERMAN AVENUE LLC; Case No. 15-cv00538-MCE-DMC

G
1
2

Paskenta Enterprises Corporation and Defendant John Crosby by and through their respective

3

counsel:

4

WHEREAS, on March 10, 2015, the Paskenta Band of Nomlaki Indians and Paskenta

5

Enterprises Corporation (“Plaintiffs”) filed the initial Complaint in the instant action, and

6

subsequently filed the operative Third Amended Complaint on or about May 20, 2016 (the

7

“Action”);

8
9
10

GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

This stipulation is entered into by Plaintiffs the Paskenta Band of Nomlaki Indians and the

WHEREAS, on or about June 20, 2016, Defendant John Crosby filed his Answer to the
Third Amended Complaint (“TAC”) asserting all applicable affirmative defenses;
WHEREAS, CRP 111 West 141st LLC, CRP West 168th Street LLC, CRP Sherman

11

Avenue LLC are special purpose real estate investment vehicles created by Castellan Managing

12

Member LLC (collectively the “CRP Entities”) for the purpose of making investments in

13

residential and retail properties in the New York metropolitan area;

14

WHEREAS, Plaintiffs and Defendant John Crosby seek to resolve Plaintiffs’ claims in the

15

Action against Defendant John Crosby through, in part, the entry of this stipulated proposed order

16

and the provision to Plaintiffs of the relief it provides;

17

WHEREAS, pursuant to a stipulation executed by Plaintiffs and CRP Entities and the

18

accompanying Order of this Court (See Dkt. 111), the CRP Entities have held in escrow and

19

invested all payments related to the CRP 111 West 141st LLC, CRP West 168th Street LLC, CRP

20

Sherman Avenue LLC (collectively the “Subject Interests”) that would otherwise have been made

21

by the CRP Entities (collectively, the “Proceeds”) to Defendant John Crosby, or any other person;

22

IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendant John Crosby, by

23

and through their respective counsel, pursuant to Civil Local Rule 143, and subject to approval by

24

the Court:

25

1. The Paskenta Band of Nomlaki Indians is the rightful owner and holder of all

26

rights, interests, and title to and in the Subject Interests and the Proceeds;

27
28

2. All rights, interests, and Title to and in the Subject Interests and the Proceeds is
vested in the Paskenta Band of Nomlaki Indians;
STIPULATION AND ORDER RE PROCEEDS OF INVESTMENTS IN CRP111 WEST, CASTELLAN MANAGING
MEMBER LLC, 141ST LLC, CRP WEST 168TH STREET LLC, AND CRP SHERMAN AVENUE LLC; Case No. 15-cv00538-MCE-DMC

1

G
1

3. The CRP Entities shall pay and/or transfer, in accordance with instructions from

2

the Paskenta Band of Nomlaki Indians, all rights, interest, and title to and in the

3

Subject Interests and Proceeds, inclusive of any returns earned.

4
5

Respectfully submitted,

6
7

Dated: June 3, 2022

8

GROSS & KLEIN LLP
By:

9
10

/s/
STUART G. GROSS
Attorneys for Plaintiffs the Paskenta Band of
Nomlaki Indians and the Paskenta
Enterprises Corporation

11

GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

12
13

Dated: May 31, 2022

14

GRIFFITH & HORN, LLP
By:

15

/s/
DAVID R. GRIFFITH
Attorneys for Defendant John Crosby

16
17
18
19

ORDER
IT IS SO ORDERED.

20
21

Dated: June 16, 2022

22
23
24
25
26
27
28
STIPULATION AND ORDER RE PROCEEDS OF INVESTMENTS IN CRP111 WEST, CASTELLAN MANAGING
MEMBER LLC, 141ST LLC, CRP WEST 168TH STREET LLC, AND CRP SHERMAN AVENUE LLC; Case No. 15-cv00538-MCE-DMC

2