Ribeiro-Sunglow LLC, et al v. Umpqua Bank

Filing 23

STIPULATION and ORDER Dismissing Complaint and Counterclaim With Prejudice signed by District Judge John A. Mendez on 10/6/17. CASE CLOSED. (Kaminski, H)

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JAMES J. BANKS (SBN 119525)
W. DAVID CORRICK (SBN 171827)
BANKS & WATSON
901 F Street, Suite 200
Sacramento, CA 95814-0733
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs/Counterclaim-Defendants,
RIBEIRO-SUNGLOW, LLC, a Nevada
Limited Liability Company; and
RIBEIRO CALIFORNIA II, LLC, a
Nevada Limited Liability Company
DOUGLAS H. KRAFT (SBN 155127)
JOHN H. McCARDLE (SBN 155115)
KRAFT OPICH, LLP
7509 Madison Avenue, Suite 111
Citrus Heights, CA 95610
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant/Counter-Claimant,
UMPQUA BANK, an Oregon state chartered bank

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RIBEIRO-SUNGLOW, LLC, a Nevada Limited
Liability Company; and RIBEIRO CALIFORNIA
II, LLC, a Nevada Limited Liability Company,
Plaintiffs,

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Case No.: 2:15-cv-01853-JAM-AC
STIPULATION FOR ORDER DISMISSING
COMPLAINT AND COUNTERCLAIM
WITH PREJUDICE; ORDER
[FRCP 41 (a) and (c)]

v.
UMPQUA BANK, a Bank Organized Under the
Laws of the State of Oregon,

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THE HONORABLE JOHN A. MENDEZ

Defendant.

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Plaintiffs RIBEIRO-SUNGLOW, LLC, a Nevada Limited Liability Company, and RIBEIRO

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CALIFORNIA II, LLC, a Nevada Limited Liability Company (together, “Plaintiffs”), and defendant

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UMPQUA BANK (“Defendant” and “Counterclaimant”), by and through their respective undersigned

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{00084323.DOCX; 1}

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STIPULATION FOR ORDER DISMISSING
COMPLAINT AND COUNTERCLAIM WITH PREJUDICE;
[PROPOSED] ORDER

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counsel, respectfully submit the following Stipulation for Order Dismissing Complaint and Counterclaim

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With Prejudice, pursuant to FRCP 41(a) and (b).

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WHEREAS, Plaintiffs filed their Complaint in this action to recover from Defendant title to two
parcels of real property situated in El Dorado Hills, California (the “Subject Parcels”);
WHEREAS, Defendant filed a Counterclaim against Plaintiffs and RP2, LLC, a Nevada Limited
Liability Company (“RP2”) to, inter alia, quiet title in Subject Parcels;

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WHEREAS, Plaintiffs, Defendant and RP2 (the “Parties”) have entered into that certain

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Settlement Agreement and Mutual Release of All Claims dated September 14, 2017 (the “Settlement

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Agreement”), under the terms of which, Defendant would, subject to certain conditions (the “Settlement

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Conditions”), deed title to the Subject Parcels to Plaintiffs, and the Parties would release any claims they

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have against each other pursuant to the Complaint or Cross-Complaint, all as more fully set forth in the

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Settlement Agreement; and

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WHEREAS, the Settlement Agreement provided that within ten (10) days after satisfaction of the

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Settlement Conditions, the Parties and their attorneys shall file mutual stipulations to dismiss the

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Complaint and Counterclaim, pursuant to FRCP 41; and

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WHEREAS, the Settlement Conditions were satisfied on September 29, 2017, the Parties now

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seek an Order dismissing the Complaint and Counterclaim, each with prejudice.

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Dated: October 5, 2017

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BANKS & WATSON
By: /s/ James J. Banks
JAMES J. BANKS,
Attorneys for Plaintiffs RIBEIRO-SUNGLOW,
LLC, and RIBEIRO CALIFORNIA II, LLC

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Dated: October 5, 2017

KRAFT OPICH, LLP

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By: /s/ Douglas H. Kraft [as authorized on 10/05/17]
DOUGLAS H. KRAFT,
Attorneys for Defendant UMPQUA BANK

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ORDER
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GOOD CAUSE appearing therefore, it is SO ORDERED.
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DATED: 10/6/2017

/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

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{00084323.DOCX; 1}

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STIPULATION FOR ORDER DISMISSING
COMPLAINT AND COUNTERCLAIM WITH PREJUDICE;
[PROPOSED] ORDER