Gregorio et al v. Trophy Properties IX, LLC et al

Filing 92

STIPULATION AND ORDER DISMISSING CASE AND RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT. Signed by Judge Samuel Conti on 3/31/11. (tdm, COURT STAFF) (Filed on 3/31/2011)

Gregorio et al v. Trophy Properties IX, LLC et al

Doc. 92

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Drexel A. Bradshaw (SBN 209584) Brenda D. Posada (SBN 152480) Bradshaw & Associates, P.C. 44 Montgomery Street Thirty-Eighth Floor San Francisco, CA 94104 Phone: [phone] Fax: [phone] Attorneys for Plaintiff Reynaldo Gregorio

UNITED STATE DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION REYNALDO GREGORIO, Plaintiff, vs. TROPHY PROPERTIES IX, LLC, a Delaware company, CITIAPARTMENTS, INC., SKYLINE REALTY, INC., CLARENCE CURL, DAN MOLIERI, FRANK LEMBI, WALTER LEMBI, ANDREW HAWKINS, and DOES 4 through 10, inclusive, Defendants. Plaintiff Reynaldo Gregorio TROPHY PROPERTIES IX, LLC, a CASE NO.: CV-9-2979-SC STIPULATION AND [PROPOSED] ORDER RE DISMISSAL RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT JUDGE: HON. RICHARD CONTI

TRIAL DATE: APRIL 11, 2011

19 Delaware company, CITIAPARTMENTS, INC., SKYLINE REALTY, INC., CLARENCE CURL, 20 DAN MOLIERI, FRANK LEMBI, WALTER LEMBI, ANDREW HAWKINS (collectively 21 and through their undersigned counsel, do herewith submit this Stipulation re 22 Dismissal Retaining Jurisdiction to Enforce Settlement Agreement 23 WHEREAS on July 9, 2010, Plaintiff filed his FIRST AMENDED COMPLAINT 24 against Defendants TROPHY PROPERTIES IX, LLC, a Delaware company, CITIAPARTMENTS, 25 INC., SKYLINE REALTY, INC., CLARENCE CURL, DAN MOLIERI, FRANK LEMBI, WALTER 26 LEMBI, ANDREW HAWKINS, an 27 28

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Gregorio v. Trophy Properties IX, LLC, et al. STIPULATION and [PROPOSED] ORDER RE DISMISSAL
Z:\Clients\2009\32 - Gregorio v. Trophy Properties IX LLC\PLED\Stipulation and Order re Dismissal BDP-170721.doc3/29/2011 5:15:00 PM

Dockets.Justia.com

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WHEREAS, the Complaint alleges causes of action for VIOLATIONS OF RACKETEER AND CORRUPT ORGANIZATIONS ACT (18 U.S.C. § 1961), MAIL FRAUD (18 U.S.C. § 1341), WIRE FRAUD (18 U.S.C. § 1343), CIVIL FORFEITURE (18 U.S.C. § 981), CIVIL CODE § 1565, 1572, 3300, 3336, 1950.5, SAN FRANCISCO RENT ORDINANCE, AND UNFAIR COMPETITION LAW based on claims that Plaintiff and Trophy Properties, IX, LLC entered into an agreement under which Plaintiff agreed that he and his roommate will vacate the apartment at 2380 California Street, #202, San Francisco, California for a payment of $23,900.00, paid Plaintiff $1,000.00 but failed to pay the remaining balance owing of $22,900. WHEREAS, trial in this matter is currently set for April 11, 2011. WHEREAS, the parties in this Action have executed a Settlement Agreement and General Release , an executed copy of which is attached hereto as Exhibit 1.

WHEREAS, the parties request under Local Rule 7-11 that this Court retain jurisdiction solely to enforce the terms of the Settlement Agreement. WHEREAS, the parties agree that all the named Defendants in this Action be dismissed without prejudice until all the terms of the Settlement Agreement have been fully complied with by all the parties in the Action. WHEREAS, the parties agree that unless enforcement proceedings are pending, the Action will be treated for all purposes, as dismissed with prejudice after June 15, 2011, without further order of this /// /// /// /// /// /// /// /// /// ///

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Gregorio v. Trophy Properties IX, LLC, et al. STIPULATION and [PROPOSED] ORDER RE DISMISSAL
Z:\Clients\2009\32 - Gregorio v. Trophy Properties IX LLC\PLED\Stipulation and Order re Dismissal BDP-170721.doc3/29/2011 5:15:00 PM

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Court. DATE: March 29, 2011 BRADSHAW & ASSOCIATES, P.C.

By: ____________/s/__________________ Brenda D. Posada Attorney for Plaintiff Reynaldo Gregorio

DATE: March 29, 2011 By: ____________/s/__________________ Edward Singer Attorney for Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED.

Judge Samuel Conti RED United StatesSDistrictEJudge O ORD
IT IS
Judge S amuel C onti

UNIT ED

3/31/11 Date: ______________

ISTRIC ES D TC AT T ______________________________

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F D IS T IC T O R

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Gregorio v. Trophy Properties IX, LLC, et al. STIPULATION and [PROPOSED] ORDER RE DISMISSAL
Z:\Clients\2009\32 - Gregorio v. Trophy Properties IX LLC\PLED\Stipulation and Order re Dismissal BDP-170721.doc3/29/2011 5:15:00 PM

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