AFC Realty Capital, Inc. v. Dale et al

Filing 100

STIPULATION and ORDER signed by Senior District Judge Morrison C. England, Jr on 05/13/2024 AUTHORIZING the Clerk to Disburse the remaining Funds totaling $120,140.77 to the defendants. (cc Financial) (Murphy, J)

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1 2 3 4 5 6 7 8 9 REAL ESTATE LAW GROUP LLP JASON L. HOFFMAN (Bar No. 179924) 700 University Ave., Suite 100 Sacramento, California 95825 Telephone: (916) 484-2600 Facsimile: (916) 484-2601 E-Mail: jhoffman@relglaw.com C. ATHENA ROUSSOS (Bar No. 192244) Attorney at Law 9630 Bruceville Road, Suite 106-386 Elk Grove, CA 95757 Telephone: (916) 670-7901 Facsimile: (916) 670-7921 E-Mail: athena@athenaroussoslaw.com 10 11 12 Attorneys for Defendants Sundeep S. Dale, Rohit Ranchhod, Dale Investments, LLC, Sundeep Dale, LLC, California Fruit Building, LLC, and American Hospitality Services, Inc. 13 14 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 16 25 ) ) ) Plaintiff ) ) ) v. ) ) SUNDEEP S. DALE; ROHIT RANCHHOD; ) DALE INVESTMENTS, LLC; SUNDEEP ) ) DALE, LLC; CALIFORNIA FRUIT ) BUILDING, LLC; and AMERICAN ) HOSPITALITY SERVICES, INC. ) ) ) Defendants _____________________________________ ) ) 26 COUNTERCLAIM 17 18 19 20 21 22 23 24 AFC REALTY CAPITAL, INC. Case No. 2:18-cv-02389-MCE-EFB STIPULATION FOR DISBURSEMENT OF FUNDS ON DEPOSIT WITH COURT FOLLOWING APPEAL AND ORDER Fed. R. Civ. P. 62; Local Rule 151 27 28 29 1 STIPULATION FOR DISBURSEMENT OF FUNDS ON DEPOSIT WITH COURT AND ORDER 1 2 3 The parties, by and through their counsel of record, hereby stipulate to the following in this matter: 1. On or about January 2 and 3, 2023, Defendants deposited the total sum of 4 $696,718.95 with the Court, in the Court’s Deposit Fund, pursuant to the Parties’ stipulation and 5 Orders of the Court, in accordance with Local Rules 150 and 151, in lieu of a supersedeas bond. 6 See Dkt. 88 (stipulation and order) and 89 (amended order). 7 8 9 10 11 2. As the judgment has now been affirmed by the Ninth Circuit Court of Appeals, the Parties agree that the Clerk of the Court is authorized to and shall disburse from the funds deposited by Defendants noted above the amount of $576,578.18, which includes the judgment and post-judgment interest, to Plaintiff AFC Realty Capital, LLC. The check shall be payable to Arthur Fefferman and Carman, Callahan & Ingham LLP as attorneys, and mailed to Carman, 12 Callahan & Ingham LLP, 266 Main Street, Farmingdale, New York 11735. 13 3. The Parties agree that the Clerk of the Court is authorized to and shall disburse 14 15 16 17 18 19 20 the remainder of the funds, totaling $120,140.77, to Defendants. The disbursement shall be made as follows: $60,070.39 shall be disbursed with the check payable to Sundeep S. Dale, mailed to Sundeep S. Dale, 1535 Richland Rd., Yuba City, California 95993; and $60,070.38 shall be disbursed with the check payable to American Hospitality Services, Inc., mailed to American Hospitality Services, Inc., 9500 Aquafina Court, Elk Grove, California 95624. IT IS SO STIPULATED. 21 CARMAN, CALLAHAN & INGHAM, LLP 22 23 24 25 Dated: May 7, 2024 By: 26 /s/ James M. Carman James M. Carman Attorney for Plaintiff AFC Realty Capital, Inc. 27 28 29 [SIGNATURE CONTINUES ON NEXT PAGE] 2 STIPULATION FOR DISBURSEMENT OF FUNDS ON DEPOSIT WITH COURT AND ORDER 1 2 Dated: May 7, 2024 By: 3 4 5 /s/ C. Athena Roussos C. Athena Roussos Attorney for Defendants Sundeep S. Dale, Rohit Ranchhod, Dale Investments, LLC, Sundeep Dale, LLC, California Fruit Building, LLC, and American Hospitality Services, Inc. 6 7 8 9 IT IS SO ORDERED. Dated: May 13, 2024 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 STIPULATION FOR DISBURSEMENT OF FUNDS ON DEPOSIT WITH COURT AND ORDER

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