Universal Trading and Investment Co. v. Dugsbery, Inc et al

Filing 54

ORDER taking motion hearing off court's schedule re 49 Stipulation filed by Universal Trading and Investment Co., Motions terminated:. Signed by Judge Charles R. Breyer on 12/02/08. (be, COURT STAFF) (Filed on 12/2/2008)

1 ASPELIN & BRIDGMAN, LLP JOHN ASPELIN, ESQ. S.B. #56477 2 220 Montgomery Street, Suite 1009 San Francisco, California, 94104 3 OFC: [phone]; FAX: [phone] GEORGE LAMBERT, ESQ., DC bar #979327 (pro hac vice) LAW OFFICES OF LEONARD SUCHANEK 5 1025 Connecticut Ave., Suite 1000 Washington, D.C., 20036 6 OFC [phone], FAX [phone] Attorneys for Judgment Creditor and Plaintiff, UNIVERSAL TRADING & INVESTMENT Co., Inc. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 __________________________________________________________________________ 28 Stipulation and Proposed Order, In re UTICo, Judgment Creditor, 08cv3632-CRB 1 v. DUGSBERY, INC., et al. Defendants UNIVERSAL TRADING & INVESTMENT CO., INC. Plaintiff, Judgment Creditor Date: December 12, 2008 Time: 10 A.M. Court: 19th Floor, 8 Judge: The Hon. Charles R. Breyer No. 08cv3632-CRB IN RE UNIVERSAL TRADING & INVESTMENT CO. INC., STIPULATION Judgment Creditor REGISTERED JUDGMENT FROM ANOTHER DISTRICT ON TAKING HEARING ON MOTION TO QUASH SERVICE OFF COURT'S SCHEDULE ON CERTAIN AGREED TERMS AND (PROPOSED) ORDER UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)

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The present Stipulation is made between the parties Universal Trading & Investment Co.,

2 Inc. ("UTICo"), on the one hand, and Mr. Paul Gully-Hart, on the other hand, with the purpose 3 of saving judicial and the parties' resources. 4 1. 5 6 7 2. 8 9 10 11 12 3. 13 14 15 16 4. 17 18 19 20 21 5. 22 23 24 25 26 27 __________________________________________________________________________ 28 Stipulation and Proposed Order, In re UTICo, Judgment Creditor, 08cv3632-CRB 2 Service of process of the Summons and of the Verified Complaint in this action was made on Mr. Gully-Hart in Switzerland under the 1965 Hague Convention on Service Abroad in Civil and Commercial Matters by the authorized Central Authority in Switzerland. On November 5, 2008, Mr. Gully-Hart filed a Motion to Quash Service on him (Docket 32), based on his objection that he is and has not been a Trustee for any of the trusts identified in the Verified Complaint, and thus he was incorrectly served because he is not a named defendant in this action. On November 21, 2008, UTICo filed its Opposition, and the Motion is currently scheduled to be heard on December 12, 2008. UTICo advised Mr. Gully-Hart that pursuant to the Court Order and leave in this case dated October 31, 2008, it intended to file the Amended Complaint on or before December 1, 2008, in which Mr. Paul Gully-Hart will be identified by name as a codefendant, with the other defendants. Based on the above, the stipulating parties agree that Mr. Gully-Hart's Motion to Quash Service is hereby withdrawn and that the parties request the Court to take it off the court's hearing schedule on December 12, 2008. If the Court accept this stipulation, Mr. GullyHart will not be required to respond to the Verified Complaint that was served on him on or about October 16, 2008. The Stipulation will enter into force subject to, and at the time of, the Court's approving it. (CONTINUED ON NEXT PAGE)

1 2 3 DATED: November 26, 2008 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (CONTINUED ON NEXT PAGE) 23 24 25 26 27 __________________________________________________________________________ 28 Stipulation and Proposed Order, In re UTICo, Judgment Creditor, 08cv3632-CRB 3 /s/___________________________ George Lambert, Attorneys for Judgment Creditor and Plaintiff Universal Trading & Investment Co., Inc. Co-counsel pro hac vice: /s/_________________________ John H. Aspelin, Esq. Attorneys for Plaintiff Universal Trading & Investment Co. ASPELIN & BRIDGMAN LLP

1 November 26, 2008 2 SIDEMAN & BANCROFT LLP 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 __________________________________________________________________________ 28 Stipulation and Proposed Order, In re UTICo, Judgment Creditor, 08cv3632-CRB 4 (CONTINUED ON NEXT PAGE) /s/_________________________ Richard J. Nelson, Esq. Attorneys for Mr. Paul Gully-Hart

1 2 3 4 Dated:..D..c.. .02...., 2008 .. e. ... 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 __________________________________________________________________________ 28 Stipulation and Proposed Order, In re UTICo, Judgment Creditor, 08cv3632-CRB 5
J arles R udge Ch

IT IS SO ORDERED.

UNIT ED

ISTRIC ES D T T_____________ C _______________A_ _ T Charles R. Breyer U.S. District Judge

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