Nordyke et al v. Summit Receivables

Filing 37

STIPULATION and ORDER 36 signed by Senior Judge William B. Shubb on 3/20/2018 GRANTING 22 Motion to Withdraw as Attorney for defendant Summit Receivables. (Kirksey Smith, K)

VERNON A. NELSON, JR., ESQ.
1 California Bar No. 194992
MARGARET G. FOLEY, ESQ.
2 California Bar No.: 262706
THE LAW OFFICE OF VERNON NELSON
3 9480 S. Eastern Ave., Ste. 252
Las Vegas, NV 89123
4 Tel.: [phone]; Fax.: [phone]
E-mail: [e-mail]
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[e-mail]
Attorneys for Defendant Summit Receivables
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

9 LAURA NORDYKE and BONNIE
10 NORDYKE,
Plaintiff,
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ATTORNEY AT LAW

THE LAW OFFICE OF VERNON NELSON

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Case No.:

12 v.
13 SUMMIT RECEIVABLES,
Defendant.

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2:17-cv-01705-WBS-AC

STIPULATION AND [PROPOSED]
ORDER GRANTING MOTION FOR
LEAVE TO WITHDRAW AS COUNSEL
FOR DEFENDANT SUMMIT
RECEIVABLES

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STIPULATION AND [PROPOSED] ORDER FOR WITHDRAWAL OF COUNSEL AND
ENTRY OF CLERK DEFAULT AGAINST DEFENDANT SUMMIT RECEIVABLES

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COME NOW, DEFENDANT SUMMIT RECEIVABLES; by and through its counsel of

20 record; and ANTHONY GUADAGNA, personally:
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DEFENDANT SUMMIT RECEIVABLES and ANTHONY GUADAGNA, personally,

23 hereby agree and stipulate as follows:
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1.

To entry of clerk default against Summit Receivables;

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2.

To permit VERNON A. NELSON, JR., ESQ. and MARGARET G. FOLEY, ESQ.,

3 counsel of record for Summit Receivables, to withdraw from their representation of Summit
4 Receivables in this matter;
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3.

That the contents of this stipulation are expressly based on DEFENDANT

7 SUMMIT RECEIVABLES and ANTHONY GUADAGNA’s joint and mutual understanding that:
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a.

DEFENDANT SUMMIT RECEIVABLES cannot be represented in this

matter without counsel;

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b.

In the event that ANTHONY GUADAGNA, personally, does not retain

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new counsel in this matter; and in the further event that PLAINTIFFS LAURA

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NORDYKE and BONNIE NORDYKE pursue default judgment in this matter; then

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DEFENDANT SUMMIT RECEIVABLES will not be represented by counsel in this

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matter when PLAINTIFFS LAURA NORDYKE and BONNIE NORDYKE prove up their

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default judgment amount;

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c.

In the event that DEFENDANT SUMMIT RECEIVABLES does not retain

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new counsel, then ANTHONY GUADAGNA, personally, will not be able to present

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testimony or argument to the Court in connection with the Court’s determination of the

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amount of default judgment in this matter in favor of PLAINTIFFS LAURA NORDYKE

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and BONNIE NORDYKE, which may include damages, attorney fees, and costs.

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IT IS SO STIPULATED.

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Dated this 19th day of March, 2018.
13 THE LAW OFFICE OF VERNON NELSON

Dated this 19th day of March, 2018.

14 /s/ Margaret Foley

/s/ Anthony Guadagna

15 VERNON A. NELSON, JR., ESQ.
California Bar No. 194992
16 MARGARET F. FOLEY, ESQ.
California Bar No.: 262706
17 9480 S. Eastern Avenue, Suite 244
Las Vegas, NV 89123
18 Tel: [phone] | Fax: [phone]
E-Mail: [e-mail]
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[e-mail]

ANTHONY GUADAGNA
CEO of Summit Receivables, LLC
In His Personal Capacity

20 Attorneys for Defendant Summit Receivables
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ORDER
Based upon the foregoing Stipulation, as well as the understanding reached on the

25 record in open court during the proceeding on May 19, 2018, the Motion of VERNON A.
26 NELSON, JR., ESQ. and MARGARET G. FOLEY, ESQ., counsel of record for Summit
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1 Receivables, to withdraw from their representation of Summit Receivables in this matter is hereby
2 GRANTED.
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Dated: March 20, 2018