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

Filing 71

STIPULATION and ORDER signed by District Judge John A. Mendez on 3/22/2019 GRANTING 70 Stipulation of Dismissal with Prejudice of Claims against Emergency Construction Services, Inc. (York, M)

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1 2 3 4 5 6 7 8 JAMES WAGSTAFFE (95535) wagstaffe@wvbrlaw.com FRANK BUSCH (258288) busch@wvbrlaw.com WAGSTAFFE, VON LOEWENFELDT, BUSCH & RADWICK LLP 100 Pine Street, Suite 725 San Francisco, CA 94111 Telephone: (415) 357-8900 Fax: (415) 357-8910 Attorneys for Plaintiff MYRTLE STREET FLATS LLC, d/b/a Sunrise Properties 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 MYRTLE STREET FLATS LLC, d/b/a Sunrise Properties, 14 Plaintiff, 15 16 17 18 19 20 21 22 v. Case No. 2:17-cv-01662-JAM-KJ STIPULATION DISMISSING CLAIMS AGAINST EMERGENCY CONSTRUCTION SERVICES, INC. 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. 23 24 25 26 27 28 STIPULATION DISMISSING EMERGENCY CONSTRUCTION SERVICES, INC. 1 STIPULATION 2 Myrtle Street Flats LLC d/b/a/ Sunrise Properties (“Sunrise”), on the one hand, and 3 Emergency Construction Services, Inc. (“ECS”) on the other hand, through their attorneys of 4 record who are authorized to sign this stipulation on their behalves, hereby stipulate as follows: 5 WHEREAS, Sunrise and ECS entered into a settlement agreement with an effective date 6 of February 1, 2019, the terms of which are incorporated into this stipulation by reference (the 7 “Settlement Agreement”); 8 9 WHEREAS, ECS has performed its payment obligation pursuant to the Settlement Agreement; 10 WHEREAS the Settlement Agreement provides that Sunrise’s claims against ECS shall 11 therefore be dismissed with prejudice, with each party to bear its own costs and attorneys’ fees; 12 13 WHEREAS the Settlement Agreement does not in any way limit or resolve Sunrise’s claims against any other Defendant in this action; and 14 15 WHEREAS the settlement agreement provides that this Court shall retain jurisdiction for the purposes of enforcing the terms of this Settlement Agreement; 16 17 NOW THEREFORE, it is STIPULATED as follows: 18 1. Sunrise’s claims against ECS are dismissed with prejudice. 19 2. Sunrise and ECS shall each bear their own costs and fees related to their dispute. 20 3. This stipulated dismissal is expressly conditioned upon the Court retaining 21 jurisdiction over ECS for the purposes of enforcing the terms and conditions of 22 the Settlement Agreement, as reflected in the proposed order below. 23 // 24 // 25 // 26 // 27 // 28 // -1NOTICE OF MOTION AND MOTION – DISCOVERY DISPUTE 1 DATED: March 22, 2019 2 WAGSTAFFE, VON LOEWENFELDT, BUSCH & RADWICK LLP 3 4 By: _/s/ Frank Busch_________________ FRANK BUSCH Attorneys for Plaintiff MYRTLE STREET FLATS LLC d/b/a Sunrise Properties 5 6 7 8 DATED: March 22, 2019 POOLE & SHAFFERY, LLP 9 10 11 12 13 14 By: /s/ Hunt C. Braly (authorized 3/22/19)__ HUNT C. BRALY JOHN H. SHAFFERY JASON BENKNER Attorneys for Defendant EMERGENCY CONSTRUCTION SERVICES, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2NOTICE OF MOTION AND MOTION – DISCOVERY DISPUTE 1 ORDER 2 PURSUANT TO STIPULATION, the Court hereby orders as follows: 3 1. Sunrise’s claims against ECS are dismissed with prejudice. 4 2. Sunrise and ECS shall each bear their own costs and fees related to their dispute. 5 3. This stipulated dismissal is expressly conditioned upon the Court retaining 6 jurisdiction over ECS for the purposes of enforcing the terms and conditions of 7 the Settlement Agreement, as reflected in the proposed order below. 8 IT IS SO ORDERED. 9 10 11 12 13 DATED: 3/22/2019 /s/ John A. Mendez_______________ HON. JOHN A. MENDEZ U. S. DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3NOTICE OF MOTION AND MOTION – DISCOVERY DISPUTE

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