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

Filing 111

STIPULATION and ORDER signed by District Judge John A. Mendez on 9/22/2021 ORDERING Sunrise's claims against Vallejo are DISMISSED with prejudice. Sunrise and Vallejo shall each bear their own costs and fees related to their dispute. This dismissal is expressly conditioned upon the Court retaining jurisdiction for the purposes of enforcing the terms and conditions of the Settlement Agreement, which the Court hereby does. CASE CLOSED. (Zignago, K.)

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JAMES WAGSTAFFE (95535)
[e-mail]
FRANK BUSCH (258288)
[e-mail]
WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK LLP
100 Pine Street, Suite 2250
San Francisco, CA 94111
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
MYRTLE STREET FLATS LLC, d/b/a Sunrise
Properties

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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Plaintiff,
v.

Case No. 2:17-cv-01662-JAM-KJ
STIPULATION DISMISSING CLAIMS
AGAINST CITY OF VALLEJO WITH
PREJUDICE; ORDER GRANTING
STIPULATION

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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STIPULATION DISMISSING CLAIMS AGAINST CITY OF VALLEJO

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STIPULATION

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Myrtle Street Flats LLC d/b/a/ Sunrise Properties (“Sunrise”), on the one hand, and City

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of Vallejo (“Vallejo”) on the other hand, through their attorneys of record who are authorized to

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sign this stipulation on their behalves, hereby stipulate as follows:

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WHEREAS, Sunrise and Vallejo entered into a settlement agreement with an effective

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date of July 15, 2021, the terms of which are incorporated into this stipulation by reference (the

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“Settlement Agreement”);

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WHEREAS, Vallejo has performed its initial payment obligation pursuant to the
Settlement Agreement;

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WHEREAS the Settlement Agreement provides that Sunrise’s claims against Vallejo

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shall therefore be dismissed with prejudice, with each party to bear its own costs and attorneys’

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fees; and

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WHEREAS the settlement agreement provides that this Court shall retain jurisdiction for
the purposes of enforcing the terms of this Settlement Agreement;

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NOW THEREFORE, it is STIPULATED as follows:

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1. Sunrise’s claims against Vallejo are dismissed with prejudice.

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2. Sunrise and Vallejo shall each bear their own costs and fees related to their

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dispute.

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3. This stipulated dismissal is expressly conditioned upon the Court retaining

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jurisdiction for the purposes of enforcing the terms and conditions of the

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Settlement Agreement, as reflected in the proposed order below.

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-1STIPULATION DISMISSING CLAIMS AGAINST CITY OF VALLEJO

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DATED: September 22, 2021

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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: September 22, 2021

CITY OF VALLEJO

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By: _/s/ Katelyn Night_(as authorized on 9/17/21)
KATELYN KNIGHT
Attorneys for Defendant
CITY OF VALLEJO

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-2STIPULATION DISMISSING CLAIMS AGAINST CITY OF VALLEJO

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ORDER

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PURSUANT TO STIPULATION, the Court hereby orders as follows:

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1. Sunrise’s claims against Vallejo are dismissed with prejudice.

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2. Sunrise and Vallejo shall each bear their own costs and fees related to their

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dispute.
3. This dismissal is expressly conditioned upon the Court retaining jurisdiction for

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the purposes of enforcing the terms and conditions of the Settlement Agreement,

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which the Court hereby does.

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IT IS SO ORDERED.

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Dated: September 22, 2021

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

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-3STIPULATION DISMISSING CLAIMS AGAINST CITY OF VALLEJO