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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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
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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,
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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.
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STIPULATION DISMISSING EMERGENCY CONSTRUCTION SERVICES, INC.
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STIPULATION
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Myrtle Street Flats LLC d/b/a/ Sunrise Properties (“Sunrise”), on the one hand, and
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Emergency Construction Services, Inc. (“ECS”) on the other hand, through their attorneys of
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record who are authorized to sign this stipulation on their behalves, hereby stipulate as follows:
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WHEREAS, Sunrise and ECS entered into a settlement agreement with an effective date
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of February 1, 2019, the terms of which are incorporated into this stipulation by reference (the
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“Settlement Agreement”);
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WHEREAS, ECS has performed its payment obligation pursuant to the Settlement
Agreement;
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WHEREAS the Settlement Agreement provides that Sunrise’s claims against ECS shall
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therefore be dismissed with prejudice, with each party to bear its own costs and attorneys’ fees;
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WHEREAS the Settlement Agreement does not in any way limit or resolve Sunrise’s
claims against any other Defendant in this action; 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 ECS are dismissed with prejudice.
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2. Sunrise and ECS shall each bear their own costs and fees related to their dispute.
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3. This stipulated dismissal is expressly conditioned upon the Court retaining
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jurisdiction over ECS for the purposes of enforcing the terms and conditions of
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the Settlement Agreement, as reflected in the proposed order below.
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//
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//
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//
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//
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//
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//
-1NOTICE OF MOTION AND MOTION – DISCOVERY DISPUTE
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DATED: March 22, 2019
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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: March 22, 2019
POOLE & SHAFFERY, LLP
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By: /s/ Hunt C. Braly (authorized 3/22/19)__
HUNT C. BRALY
JOHN H. SHAFFERY
JASON BENKNER
Attorneys for Defendant
EMERGENCY CONSTRUCTION SERVICES,
INC.
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-2NOTICE OF MOTION AND MOTION – DISCOVERY DISPUTE
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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 ECS are dismissed with prejudice.
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2. Sunrise and ECS shall each bear their own costs and fees related to their dispute.
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3. This stipulated dismissal is expressly conditioned upon the Court retaining
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jurisdiction over ECS for the purposes of enforcing the terms and conditions of
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the Settlement Agreement, as reflected in the proposed order below.
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IT IS SO ORDERED.
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DATED: 3/22/2019
/s/ John A. Mendez_______________
HON. JOHN A. MENDEZ
U. S. DISTRICT COURT JUDGE
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-3NOTICE OF MOTION AND MOTION – DISCOVERY DISPUTE
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