Mora et al v. Jerry Garcia Estate, LLC et al

Filing 69

STIPULATION AND ORDER RE 68 OF DISMISSAL WITH PREJUDICE OF ENTIRE ACTION. Signed by Judge Richard Seeborg on 12/8/11. (cl, COURT STAFF) (Filed on 12/8/2011)

*e-filed 12/8/11*

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RICHARD J. IDELL (SBN 69033)
ORY SANDEL (SBN 233204)
IDELL & SEITEL LLP
465 California Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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JONATHAN BASS (SBN 075779)
COBLENTZ, PATCH, DUFFY & BASS LLP
One Ferry Building, Suite 200
San Francisco, CA 94111-4213
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Deborah Koons Garcia

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION RE: DISMISSAL WITH
PREJUDICE OF ENTIRE ACTION;
[PROPOSED] ORDER

Plaintiffs,

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Case No: CV 08 5772 RS

SUSAN MORA, as Trustee of The Merl Saunders
Trust; MERL SAUNDERS, JR., as Trustee of The
Merl Saunders Trust; and TONY SAUNDERS, as
Trustee of The Merl Saunders Trust,

[E-FILING]

v.
JERRY GARCIA ESTATE LLC, a California
limited liability company; JERRY GARCIA
FAMILY LLC, a California limited liability
company; RHINO ENTERTAINMENT
COMPANY, a Delaware corporation; WARNER
MUSIC GROUP CORP., a Delaware corporation;
WARNER STRATEGIC MARKETING, INC., a
Delaware corporation; DEBORAH KOONS
GARCIA (sued as DOE 1), an individual;
DEBORAH KOONS GARCIA (sued as DOE 2)
and DAVID HELLMAN (sued as DOE 3) and
DOES 5 through 10, as Trustees of the KEELIN
GARCIA TESTAMENTARY TRUST (sued as
DOE 4); and DOES 11 through 1000, inclusive,
Defendants.

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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: DISMISSAL WITH PREJUDICE OF ENTIRE ACTION

This Stipulation is entered into by and between SUSAN MORA, as Trustee of The Merl

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Saunders Trust; MERL SAUNDERS, JR., as Trustee of The Merl Saunders Trust; and ANTHONY

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SAUNDERS WASHINGTON, as Trustee of The Merl Saunders Trust (collectively “Plaintiffs”), on the

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one hand, and DEBORAH KOONS GARCIA (“Mrs. Garcia”), on the other hand. Plaintiffs and Mrs.

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Garcia may be referred to herein severally as a “Party” or jointly as the “Parties.”

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This Stipulation is made with reference to the following recitals:

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WHEREAS, on December 29, 2008, the complaint in this action was filed; and

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WHEREAS, on June 26, 2009, a first amended complaint was filed; and

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WHEREAS, on August 9, 2010, Mrs. Garcia filed her answer to the first amended complaint;

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and
WHEREAS, as of the date of this Stipulation, Plaintiffs have dismissed all named defendants
except for Mrs. Garcia; and
WHEREAS, Plaintiffs and Mrs. Garcia have entered into a settlement agreement, pursuant to
which this action is to be dismissed with prejudice; and
WHEREAS, Rule 41(a) of the Federal Rules of Civil Procedure requires a stipulation of
dismissal in order that Plaintiffs may dismiss this action; and

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WHEREAS, the Parties have agreed that each shall bear its own attorneys’ fees and costs; and

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WHEREAS, the Parties agree that Plaintiffs shall file this Stipulation with the Court for an order

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thereon;
NOW THEREFORE, subject to the Court’s approval, Plaintiffs and Mrs. Garcia, by and through
their respective undersigned counsel, hereby stipulate as follows:

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1.0

The foregoing recitals are hereby incorporated by this reference.

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2.0

This action shall be dismissed with prejudice in its entirety, each party to bear its own
attorneys’ fees and costs.

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3.0

Plaintiffs shall file this Stipulation with the Court for an order thereon.

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Dated: December 7, 2011

By:

IDELL & SEITEL, LLP
/s/ Richard J. Idell
Richard J. Idell
Ory Sandel
Attorneys for Plaintiffs
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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: DISMISSAL WITH PREJUDICE OF ENTIRE ACTION

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Dated: December 7, 2011

By:

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COBLENTZ, PATCH, DUFFY & BASS LLP
/s/ Jonathan Bass
Jonathan Bass
Attorneys for Defendant Deborah Koons Garcia

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ATTESTATION OF CONCURRENCE

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I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to

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General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from
Jonathan Bass, the above signatory.
Dated: December 7, 2011

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By:

IDELL & SEITEL LLP
/s/ Richard J. Idell
Richard J. Idell
Ory Sandel
Attorneys for Plaintiffs

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[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED that this action is hereby

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DISMISSED WITH PREJUDICE in its entirety, each party to bear its own attorneys’ fees and costs.

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Dated:
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12/8/11
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: DISMISSAL WITH PREJUDICE OF ENTIRE ACTION