City of Alameda, California et al v. Nuveen Municipal High Income Opportunity Fund et al

Filing 296

ORDER RE JUDGMENT, EXECUTION AND BOND Signed by Judge Susan Illston on 6/26/12, Motions terminated: 295 STIPULATION WITH PROPOSED ORDER re 292 MOTION for Bond Supersedeas, 293 Opposition/Response to Motion filed by C ity of Alameda, California, 292 MOTION for Bond Supersedeas filed by Nuveen Municipal Trust on behalf of its series Nuveen High Yield Municipal Bond Trust, Nuveen Municipal High Income Opportunity Fund, The Nuveen Municipal Trust, Pacific Specialty Insurance Company, Nuveen Asset Management Inc.(tfS, COURT STAFF) (Filed on 6/26/2012)

TELEPHONE [phone]

OAKLAND, CALIFORNIA 94612-3524

PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

1 WULFSBERG REESE COLVIG & FIRSTMAN
PROFESSIONAL CORPORATION
2 Eric J. Firstman - 111534
Gregory R. Aker - 104171
3 Richard E. Elder - 205389
Kaiser Center
4 300 Lakeside Drive, 24th Floor
Oakland, CA 94612-3524
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Counterclaim Defendants
7 CITY OF ALAMEDA, and its Department,
ALAMEDA POWER & TELECOM
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OFFICE OF THE CITY ATTORNEY
9 CITY OF ALAMEDA
10 Janet Kern – 151887
2263 Santa Clara Avenue, Room 280
11 Alameda, California 94501
Telephone: [phone]
12 Facsimile: [phone]
Email: [e-mail]
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14 Attorneys for Counterclaim Defendants
ALAMEDA PUBLIC FINANCING AUTHORITY, and
15 ALAMEDA PUBLIC IMPROVEMENT CORPORATION
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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20 IN RE NUVEEN FUNDS/CITY OF
ALAMEDA SECURITIES LITIGATION
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No. C 08-04575 SI
STIPULATION AND [PROPOSED]
ORDER RE JUDGMENT, EXECUTION
AND BOND

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STIPULATION AND [PROPOSED] ORDER RE JUDGMENT, EXECUTION AND BOND
1883-010\2334752.1

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WHEREAS, in an order filed May 18, 2012, the Court taxed costs in favor of defendants

2 the City of Alameda, Alameda Power & Telecom, Alameda Public Financing Authority, and
3 Alameda Public Improvement Corporation (collectively, “Alameda”) against plaintiffs Nuveen
4 Municipal High Income Opportunity Fund, the Nuveen Municipal Trust, Nuveen Asset
5 Management, Inc., and Pacific Specialty Insurance Company (collectively, “Nuveen”) and the
6 Bernard Osher Trust Dated 3/8/88, Bernard A Osher, Trustee, jointly and severally, in the amount
7 of $91,516.20,
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WHEREAS, Nuveen has appealed the Court’s 2011 Judgment granting summary judgment

9 in favor of Alameda and Alameda has appealed the Court’s 2011 denial of certain fees and costs.

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1. Alameda and Nuveen stipulate that the proposed judgment attached as Exhibit A is

TELEPHONE [phone]

OAKLAND, CALIFORNIA 94612-3524

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PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

10 NOW THEREFORE, it is hereby stipulated that:

acceptable as to form, without prejudice to either Alameda’s or Nuveen’s right to

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pursue the appeals that they have noticed and begun to brief.

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2. Alameda will not attempt to execute a judgment for costs or other award of costs

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against Nuveen relating to this matter without providing Nuveen at least forty-five

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days notice.

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3. Nothing in this stipulation shall restrict or modify in any way Alameda’s rights as

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against Bernard Osher and/or Osher’s trusts or related entities, including but not

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limited to Alameda’s right to enforce judgments or other awards of costs against

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Osher.

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4. Nuveen’s motion for approval of security (Docket 292) shall be taken off calendar.

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23 DATED: June 21, 2012
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WULFSBERG REESE COLVIG & FIRSTMAN
PROFESSIONAL CORPORATION

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By

/s/ Richard E. Elder
RICHARD E. Elder

Attorneys for defendants
CITY OF ALAMEDA, et al.
-1STIPULATION AND [PROPOSED] ORDER RE JUDGMENT, EXECUTION AND BOND
1883-010\2334752.1

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DATED: June 21, 2012

DAVIS & CERIANI, P.C.

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By

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/s/ Melissa Hessler
MICHAEL P. CILLO
MELISSA J. HESSLER

Attorneys for Defendants and Counterclaimants
NUVEEN MUNICIPAL HIGH INCOME
OPPORTUNITY FUND, et al.

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7 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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6/26/12
DATED: _____________________

____________________________
The Hon. Susan Ilston
United States District Judge

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TELEPHONE [phone]

OAKLAND, CALIFORNIA 94612-3524

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PROFESSIONAL CORPORATION
KAISER CENTER
300 LAKESIDE DRIVE, 24TH FLOOR

LAW OFFICES

WULFSBERG REESE COLVIG & FIRSTMAN

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-2STIPULATION AND [PROPOSED] ORDER RE JUDGMENT, EXECUTION AND BOND
1883-010\2334752.1

Exhibit A

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NUVEEN MUNICIPAL HIGH INCOME
OPPORTUNITY FUND, et al.,

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United States District Court
For the Northern District of California

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No.

Plaintiffs,

C 08-4575 SI
C 09-1437 SI

JUDGMENT FOR COSTS

v.
CITY OF ALAMEDA, et al.,
Defendants.

/

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In an order filed May 18, 2012, the Court taxed costs in favor of defendants the City

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of Alameda, Alameda Power & Telecom, Alameda Public Financing Authority, and Alameda

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Public Improvement Corporation (“defendants”) against plaintiffs Nuveen Municipal High

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Income Opportunity Fund, the Nuveen Municipal Trust, Nuveen Asset Management, Inc., Pacific

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Specialty Insurance Company and the Bernard Osher Trust Dated 3/8/88, Bernard A Osher,

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Trustee (“plaintiffs”), jointly and severally, in the amount of $91,516.20.
Accordingly, judgment is entered against plaintiffs jointly and severally and in favor of

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defendants in the amount of $91,516.20.

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IT IS SO ORDERED AND ADJUDGED.

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Dated: June __, 2012
_____________________________
SUSAN ILLSTON
United States District Judge

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