Myrtle Street Flats LLC, v. City of Vallejo et al

Filing 108

ORDER signed by District Judge John A. Mendez on 7/20/2021 VACATING thePretrial Conference and Trial dates, and the deadline to file dismissal pursuant to the parties' settlement agreement be CONTINUED for 60 days.(Reader, L)

Case 2:17-cv-01662-JAM-KJN Document 108 Filed 07/21/21 Page 1 of 3

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VERONICA A.F. NEBB
City Attorney, SBN 140001
BY: KATELYN M. KNIGHT
Assistant City Attorney, SBN 264573
CITY OF VALLEJO, City Hall
555 Santa Clara Street, 3rd Floor
Vallejo, CA 94590
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant CITY OF VALLEJO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
Case No. 2:17-CV-01662-JAM-KJN

MYRTLE STREET FLATS LLC, d/b/a
Sunrise Properties,

STIPULATION TO VACATE
UPCOMING HEARING DATES AND
CONTINUE DEADLINE FOR
DISMISSAL

Plaintiff,
vs.
CITY OF VALLEJO, a public entity,
VINCENT SPROETE, an individual, JACK
MCARTHUR, an individual, DANIEL E.
KEEN, an individual, LONELL BUTLER, an
individual, ROBERT CHAMBERS, an
individual, MICHELLE HIGHTOWER, an
individual, EMERGENCY
CONSTRUCTION SERVICES, INC., a
California corporation and DOES 1-25,
Defendants.

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This Stipulation is made and entered into by and between Plaintiff MYRTLE STREET
FLATS LLC, d/b/a Sunrise Properties. (“Plaintiff”) and Defendant City of Vallejo
(“Defendant”), collectively (“the Parties”), to continue the present dismissal deadline and vacate
upcoming hearing dates and trial. The Parties through their respective counsel of record, agree
and stipulate, as follows:

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Case No. 2:17-CV-01662-JAM-KJN

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Case 2:17-cv-01662-JAM-KJN Document 108 Filed 07/21/21 Page 2 of 3

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WHEREAS, on May 19, 2021 the parties participated in a settlement conference before

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the Honorable Deborah Barnes and reached an agreement regarding the key terms of settlement,

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with the parties to finalize a written settlement agreement;

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WHEREAS, the Court directed dismissal to be filed within 60 days;

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WHEREAS, the parties have just finalized and executed the settlement agreement, but

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cannot yet dismiss as payment has not been made;
WHEREAS, the pretrial conference remains set for August 20, 2021 and trial set for
November 1, 2021;

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THE PARTIES AGREE AND STIPULATE through counsel of record that the

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upcoming pretrial conference and trial dates be vacated, and the deadline to file dismissal

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pursuant to the parties’ settlement agreement be continued 60 days.

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IT IS SO STIPULATED.

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DATED: July 16, 2021

WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK LLP

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By: /s/ Frank Busch
FRANK BUSCH
Attorneys for Plaintiff
MYRTLE STREET FLATS LLC
d/b/a Sunrise Properties

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DATED: July 20, 2021
/s/ Katelyn M. Knight
KATELYN M. KNIGHT
Assistant City Attorney
Attorney for Defendant CITY OF VALLEJO

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Case 2:17-cv-01662-JAM-KJN Document 108 Filed 07/21/21 Page 3 of 3

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IT IS SO ORDERED.

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DATED: July 20, 2021

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/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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Case No. 2:17-CV-01662-JAM-KJN

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