Catz et al v. Chalker, et al.

Filing 42

STIPULATION AND ORDER VACATING WRIT OF EXECUTION AND DISMISSING ACTION WITHOUT PREJUDICE re doc 41 filed by Jason A. Catz. Signed by Judge Vaughn R Walker on 8/17/2009. (cgk, COURT STAFF) (Filed on 8/17/2009)

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JASON A. CATZ, #224205 [e-mail] 801 Calmar Avenue Oakland, CA 94610 Telephone: [phone] Plaintiff in Pro Per

Ronald D. Echeguren, #76307 CRESSWELL ECHEGUREN RODGERS & NOBLE 180 Grand Avenue, Suite 440 Oakland, CA 94612-3741 Telephone: [phone] Attorney for Defendants CHALKER, KARP AND EVERLOVE
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) Plaintiffs, ) ) vs. ) ) SUSAN R. CHALKER, LEONARD KARP, ) ANNETTE EVERLOVE et al., ) ) Defendants. ) ) SHAWN D.CATZ, JASON A. CATZ, ROBERT S. CATZ,

No. CV 08-80022 MISC (VRW) STIPULATION AND [PROPOSED] ORDER VACATING WRIT OF EXECUTION AND DISMISSING ACTION WITHOUT PREJUDICE Judge: Vaughn Walker

WHEREAS, on October 26, 2007, the United States District Court for the District of Arizona ("Arizona District Court") issued an order in Case No. 4:03-CV00091-FRZ-JCG (D. Ariz.) awarding Susan R. Chalker, Leonard Karp and Annette Everlove ("Defendants") $66,126 in attorneys fees (the "Arizona Fee Award") jointly and severally against Robert Catz, Shawn Catz, and Jason Catz ("Plaintiffs");

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WHEREAS, on February 21, 2008, Defendants applied to this Court for the purpose of registering a judgment from the Arizona District Court that would allow them to garnish the wages of Jason Catz to collect the Arizona Fee Award (the "Action"); WHEREAS, on or about May 13, 2009, the Ninth Circuit Court of Appeals issued an order in Catz v. Chalker, Case No. 08-16468 (May 13, 2009) (9th Cir.) (the "Ninth Circuit Order," a true and correct copy of which is attached to this stipulation and proposed order as Exhibit A), wherein the Ninth Circuit: 1) vacated the Arizona Fee Award; 2) held that Susan Chalker was not a prevailing party in the Arizona litigation for any award of attorneys fees in the Arizona litigation (Exh. A, p. 4), and 3) remanded the case to the Arizona District Court for consideration of the amount of fees attributable solely to Defendants Karp and Everlove (Exh. A, p. 6); WHEREAS, on or about July 6, 2009, this Court issued a writ of execution against Jason Catz in the amount of $66,126 ("July 6, 2009 Order"); WHEREAS, pursuant to the Ninth Circuit Order of May 13, 2009, the parties intend to litigate the amount of attorneys fees attributable to the representation of Defendants Karp and Everlove while on remand before the Arizona District Court; NOW THEREFORE, Defendants, by and through their counsel, and Plaintiff Jason Catz, hereby stipulate and agree that: 1. To avoid further motion practice before this Court, the parties agree that

the July 6, 2009 Order should be vacated and that this matter should be dismissed without prejudice until such time that the Arizona District Court issues a new fee award consistent with the Ninth Circuit's Order. 2. Plaintiff Jason Catz does not waive any rights to oppose Defendants' fee

application on remand in the Arizona District Court or to appeal any award of attorneys fees by that Court.

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STIPULATION AND [PROPOSED] ORDER VACATING WRIT OF EXECUTION AND DISMISSING ACTION WITHOUT PREJUDICE Case No. CV-08-80022MISC (VRW)

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3.

Defendants do not waive any rights they have to appeal any fee award by

the Arizona District Court or waive the right to register a judgment for new fee award issued by the Arizona District Court at a later date. Dated: August 11, 2009 JASON A. CATZ 801 Calmar Ave. Oakland, CA 94610

By:

/s/ Jason A. Catz_____________________ JASON A. CATZ Plaintiff in Pro per

Dated:

August 11, 2009

CRESSWELL ECHEGUREN RODGERS & NOBLE

By:

/s/ Ronald D. Echeguren RONALD D. ECHEGUREN Attorneys for Defendants SUSAN CHALKER, LEONARD KARP, AND ANNETTE EVERLOVE

[PROPOSED] ORDER The Court having considered the parties' stipulation, and good cause appearing, IT IS HEREBY ORDERED that: 1. This Court's July 6, 2009 Order Granting Writ of Execution shall be, and

it hereby is, vacated; and

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STIPULATION AND [PROPOSED] ORDER VACATING WRIT OF EXECUTION AND DISMISSING ACTION WITHOUT PREJUDICE Case No. CV-08-80022MISC (VRW)

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2.

The Action herein shall be, and it hereby is, dismissed without prejudice.

Dated:

8/17/2009 ________________

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STIPULATION AND [PROPOSED] ORDER VACATING WRIT OF EXECUTION AND DISMISSING ACTION WITHOUT PREJUDICE Case No. CV-08-80022MISC (VRW)

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