Marshall v. Galvanoni et al

Filing 124

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/25/19 DISMISSING Daniel P. Galvanoni, DPG Investments, LLC, DPG Golden Eagle, LLC,Spring Tree Lending, LLC, Spring Tree Holdings, LLC, Spring Tree Financial, LLC, Skibo, Gerald Hudspeth, William Brooksbank and Jerome Joseph" with prejudice; DISMISSING 47 Second Amended Complaint with prejudice as to the parties set forth above and without prejudice as to American Credit Acceptance, LLC. Holdings, LLC, DPG Investments, LLC, Daniel P. Galvanoni, Jerome L. Joseph, John Marshall, Skibo Holdings, LLC, Spring Tree Financial, LLC, Spring Tree Holdings, LLC, Spring Tree Lending, LLC, William J. Brooksbank and DPG Golden Eagle, LLC terminated. CASE CLOSED. (Coll, A)

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Melinda Jane Steuer (SBN CA: 216105)
The Law Offices of Melinda Jane Steuer
928 Second Street, Suite 302
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff, JOHN MARSHALL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MARSHALL, an individual,

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Case No.: 2:17-CV-00820-KJM-CKD

Plaintiff,

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vs.
DANIEL P. GALVANONI, an individual; DPG
INVESTMENTS, LLC, a foreign limited
STIPULATION TO DISMISS CASE;
liability company; DPG GOLDEN EAGLE,
ORDER (F.R.C.P. 41(A))
LLC, a foreign limited liability company;
SPRING TREE LENDING, LLC, a limited
liability company; SPRING TREE
HOLDINGS, LLC; SPRING TREE
FINANCIAL, LLC; SKIBO HOLDINGS, LLC,
a foreign limited liability company; and DOES
1-100, inclusive
Defendants.

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This Stipulation to Dismiss the case pursuant to F.R.C.P. 41(A)(ii) (the “Stipulation”) is

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entered into by and between Plaintiff John Marshall (“Plaintiff”) and Defendants Daniel P.

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Galvanoni, DPG Investments, LLC (“DPG”), DPG Golden Eagle, LLC (“DPG-GE”), Spring

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Tree Lending, LLC (“Spring Tree Lending”), Spring Tree Holdings, LLC (“Spring Tree

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Holdings”), Spring Tree Financial, LLC (“Spring Tree Financial”), and Skibo Holdings, LLC

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(“Skibo”) by and through their counsel of record, with respect to the following recitals of fact.

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Galvanoni, DPG, DPG-GE, Spring Tree Lending, Spring Tree Holdings, Spring Tree Financial,

Stipulation to Dismiss Case; Order (F.R.C.P. 41 (A))
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and Skibo are collectively referred to herein as “the DPG Defendants.” Plaintiff and the DPG

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Defendants are collectively referred to herein as the “Parties”).:

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A. The parties settled the case at a judicially supervised settlement conference on
October 17, 2019. The terms of the settlement are confidential.

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B.

The final settlement documents were executed and delivered on November 14, 2019.

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C.

The settlement agreement provides, in relevant part, that the parties shall dismiss the

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case with prejudice as against the DPG Defendants and former defendants Gerald Hudspeth,

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William Brooksbank and Jerome Joseph, and that the Dismissal shall request that the Court

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reserve jurisdiction to enforce the settlement.

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D. All other parties to this case were previously dismissed without prejudice.
In light of the foregoing,

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IT IS STIPULATED AND AGREED:
1. The parties hereby stipulate and respectfully request that this case be dismissed with
prejudice as against the DPG defendants and former defendants Gerald Hudspeth, William
Brooksbank and Jerome Joseph pursuant to Federal Rule of Civil Procedure Rule 41(A)(ii). The
parties further stipulate and respectfully request that the Court reserve jurisdiction to enforce the
settlement.

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Date: __________________

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THE LAW OFFICES OF MELINDA JANE STEUER
____________________________________________
MELINDA JANE STEUER
Attorneys for Plaintiff
John Marshall

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Date: __________________

KAUFMAN & FORMAN PC
____________________________________________
ALEX B. KAUFMAN
MATTHEW D. TRECO
Attorneys for Defendants
Daniel P. Galvanoni; DPG Investments, LLC;
DPG Golden Eagle, LLC; Spring Tree Lending, LLC;

Stipulation to Dismiss Case; Order (F.R.C.P. 41 (A))
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Spring Tree Holdings, LLC; Spring Tree Financial, LLC;
and Skibo Holdings, LLC

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Date: __________________

CLARK HILL LLP

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____________________________________________
BRADFORD HUGHES
TIFFANY HUNTER
Attorneys for Defendants
Daniel P. Galvanoni; DPG Investments, LLC;
DPG Golden Eagle, LLC; Spring Tree Lending, LLC;
Spring Tree Holdings, LLC; Spring Tree Financial, LLC;
and Skibo Holdings, LLC

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Stipulation to Dismiss Case; Order (F.R.C.P. 41 (A))
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ORDER

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Pursuant to the parties’ Stipulation, and good cause having been shown, it is hereby

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ordered as follows:

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1. Defendants Daniel P. Galvanoni, DPG Investments, LLC, DPG Golden Eagle, LLC,

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Spring Tree Lending, LLC, Spring Tree Holdings, LLC, Spring Tree Financial, LLC, and Skibo

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Holdings, LLC are hereby dismissed with prejudice.
2. Former defendants Gerald Hudspeth, William Brooksbank and Jerome Joseph are
hereby dismissed with prejudice.

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3. Plaintiff’s Second Amended Complaint is dismissed with prejudice as to the
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defendants and former defendants set forth above, and without prejudice as to former defendant
American Credit Acceptance, LLC.
4. The only payments required by and to any of the parties hereto in connection with the
Action are set forth in the Settlement Agreement, and no party is entitled to any additional
payments, expenses, attorneys’ fees or costs as result of the Action, including this Dismissal.
IT IS SO ORDERED.
DATED: November 25, 2019

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UNITED STATES DISTRICT JUDGE

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Stipulation to Dismiss Case; Order (F.R.C.P. 41 (A))
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