Deutsche Bank AG v. Lembi et al

Filing 90

STIPULATION AND ORDER RE 89 VOLUNTARY DISMISSAL WITH PREJUDICE. Signed by Judge Richard Seeborg on 10/3/12. (cl, COURT STAFF) (Filed on 10/3/2012)

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STEIN & LUBIN LLP
Paul J. Niewiadomski (SBN 195094)
Eugene Chang (SBN 209568)
E-Mail: [e-mail]
600 Montgomery Street, 14th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
VERITAS-B MEZZ B10, LLC AS SUCCESSORIN-INTEREST TO DEUTSCHE BANK AG,
CAYMAN ISLANDS BRANCH.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VERITAS-B MEZZ B10, LLC,

Case No. C 10-04018 RS

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Plaintiff,
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STIPULATION AND [PROPOSED]
ORDER REGARDING VOLUNTARY
DISMISSAL WITH PREJUDICE

v.
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FRANK E. LEMBI et al.,
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Defendants.

Judge:

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Hon. Richard Seeborg
Courtroom 3, 17th Floor

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STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE
In accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff,

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Veritas-B Mezz B10, LLC as Successor-in-Interest to Deutsche Bank AG, Cayman Islands

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Branch, by and through its undersigned counsel, does hereby stipulate and agree to a voluntary

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dismissal with prejudice of this action against Defendants in the above-styled action. Each party

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agrees to bear their own attorneys’ fees and costs.

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Dated: October 3, 2012

STEIN & LUBIN LLP

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By:

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/s/ Eugene Chang
Eugene Chang
Attorneys for Plaintiff Veritas-B Mezz B10, LLC

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70390020/476705v1

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Case No. C 10-04018 RS

STIPULATION AND [PROPOSED] ORDER REGARDING VOLUNTARY DISMISSAL WITH PREJUDICE

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Dated: October 3, 2012

ZACKS & FREEDMAN, P.C.

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By:

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/s/ Edward C. Singer Jr.
Edward C. Singer Jr.
Attorneys for Defendants
FRANK E. LEMBI, individually and as trustee of the
OLGA LEMBI RESIDUAL TRUST; BILLIE Z.
SALEVOURIS, individually and as trustee for THE
BILLIE SALEVOURIS TRUST DATED AUGUST 25,
1983 AS RESTATED ON APRIL 24, 2002; DAVID M.
RAYNAL, individually and as trustee for the DAVID M.
RAYNAL REVOCABLE TRUST DATED MAY 9,
2002; RALPH DAYAN, and RMSV EQUITIES, LLC

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In accordance with the above Stipulation of Voluntary Dismissal With Prejudice

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Pursuant to Rule 41(a),

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IT IS HEREBY ORDERED AS FOLLOWS:

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1.

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Plaintiff’s complaint in the above-captioned action is DISMISSED in its

entirety, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;

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2.

This action is dismissed with prejudice; and

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3.

Each side shall bear its own attorneys’ fees and costs, and all parties waive

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any right to seek attorneys’ fees or costs incurred in connection with the above-captioned action.

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10/3
Dated: _______________, 2012
Honorable Richard Seeborg

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70390020/476705v1

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Case No. C 10-04018 RS

STIPULATION AND [PROPOSED] ORDER REGARDING VOLUNTARY DISMISSAL WITH PREJUDICE