Garman Group, LLC et al v. University Pipeline, Inc. et al

Filing 56

STIPULATION AND ORDER RE: PLAINTIFFS' MOTION TO DISMISS WITHOUT PREJUDICE PURSUANT TO RULE 41(a). Signed by Judge Joseph C. Spero on 4/25/12. (klhS, COURT STAFF) (Filed on 4/26/2012)

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1 AKAY SULL LLP DOUGLAS N. AKAY, STATE BAR #131011 2 HARJIT K. SULL, STATE BAR #238458 333 Bush Street, Suite 2250 3 San Francisco, California 94104 (415) 764-1999 (telephone) 4 (415) 764-1994 (facsimile) dnakay@akaylaw.com 5 Attorneys for 6 GARMAN GROUP, LLC and RYAN GARMAN 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 AKAY SULL LLP 333 BUSH STREET, SUITE 2250 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE: (415) 764-1999 8 SAN FRANCISCO DIVISION 11 GARMAN GROUP, LLC, a Nevada limited liability company, and RYAN GARMAN, an 12 individual, 13 14 Plaintiff, No.11-CV-03733-JCS STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS WITHOUT PREJUDICE PURSUANT TO RULE 41(a) v. 15 UNIVERSITY PIPELINE, INC., a Delaware corporation, TOM UNGER, an individual, and 16 DOES I through X, inclusive, and ROE entities I through X, inclusive, 17 Defendants. 18 19 20 Pursuant to Northern District Local Rule 7-12, Plaintiffs Garman Group, LLC and Ryan 21 Graman (“Plaintiffs”), and Defendant Tom Unger (“Defendant”), through their respective counsel, 22 respectfully submit this Stipulation and Proposed Order on Plaintiff’s Motion to Dismiss Without 23 Prejudice. 24 25 RECITALS 1. Plaintiffs filed the Complaint on December 10, 2010, in the District Court of 26 Nevada, against University Pipeline, Inc., and Tom Unger for breach of contract, breach of 27 covenants of good faith and fair dealing, tortious breach of covenant of good faith and fair dealing, 28 breach of fiduciary, fraud, and unjust enrichment. K:\AS\GARM1101\PLD\Federal\Mot_Dismiss_Stip_Order_02.wpd Case No. 11-CV-03733-JCS STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS WITHOUT PREJUDICE , PAGE 1 1 2. On February 2, 2011, Defendant Unger filed a Notice of Removal of Action, under 2 28 USC §§1332, 1441, 1446, from Nevada District Court to the United States District Court for 3 Nevada. 4 3. On February 9, 2011, Defendant Unger filed a Motion to Dismiss for Lack of 5 Personal Jurisdiction, or in the Alterative, Transfer Venue, which the Court granted in part on July 6 22, 2011, and issued an order transferring venue to the Northern District of California. 7 4. On January 26, 2012, Plaintiffs filed a Motion to Dismiss Without Prejudice 8 pursuant to Rule 41(a), to dismiss the action against Defendant Unger. Concurrently, Plaintiffs 9 filed a Notice of Voluntary Dismissal Without Prejudice as to University Pipeline, Inc. 10 5. On March 30, 2012, the Court conditionally granted the Motion to Dismiss Without AKAY SULL LLP 333 BUSH STREET, SUITE 2250 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE: (415) 764-1999 11 Prejudice, subject to payment of reasonable attorneys fees incurred by Defendant Unger in 12 connection with the Motion to Transfer Venue only. 13 6. On April 6, 2012, Defendant’s counsel filed a declaration requesting attorneys fees 14 in the amount of $14,339.20, for the amount claimed Defendant Unger incurred in connection with 15 the Motion to Transfer Venue only. 16 7. On April 20, 2012, Plaintiffs’ counsel filed a declaration seeking to tax portions of 17 the attorneys fees claimed to have been incurred by Defendant Unger, to wit, Plaintiffs requested 18 the Court reduce Defendant’s attorneys fees to an amount no greater than $10,813. 19 20 STIPULATION Based on the foregoing Recitals, and subject to this Court’s approval, Plaintiffs and 21 Defendant agree and stipulate as follows: 22 1. For purposes of granting the Motion to Dismiss without Prejudice, subject to 23 payment of reasonable attorneys fees incurred by Defendant in filing the Motion to Transfer 24 Venue only, the parties stipulate the reasonable attorneys fees incurred by Defendant Unger is 25 $11,250. 26 2. The attorneys fees of $11,250 shall be paid within ten (10) days of the date of entry 27 of this Order in a check made payable to “Futterman Dupree Dodd Croley Maier LLP”. 28 3. The instant action shall be dismissed without prejudice upon delivery of said K:\AS\GARM1101\PLD\Federal\Mot_Dismiss_Stip_Order_02.wpd Case No. 11-CV-03733-JCS STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS WITHOUT PREJUDICE , PAGE 2 1 attorneys fees to Defendant’s counsel, Daniel A. Croley, at Futterman Dupree Dodd Croley Maier 2 LLP at 180 Sansome Street, 17th Floor, San Francisco, CA 94104 3 IT SO STIPULATED. 4 Dated: April 24, 2012 FUTTERMAN DUPREE DODD CROLEY MAIER LLP 5 6 By: 7 /s/ Daniel A. Croley DANIEL A. CROLEY Attorneys for Defendant, Tom Unger 8 9 Dated: April 24, 2012 AKAY SULL LLP 10 11 13 /s/ Douglas N. Akay DOUGLAS N. AKAY Attorneys for Plaintiffs, Garman Group, LLC and Ryan Garman 14 15 ORDER 16 PURSUANT TO THE FOREGOING STIPULATION, IT IS ORDERED THAT: 17 1. Within ten (10) days of entry of this Order, Plaintiffs Garman Group, LLC and 18 Ryan Garman, deliver $11,250 for attorney's fees to Defendant Tom Unger's counsel, Daniel A. 19 Croley at the law offices of Futterman Dupree Dodd Croley Maier LLP. 20 2. If not advised otherwise by Defendant Unger’s counsel that payment has not been 21 received, after the passage of twenty (20) days of the entry of this Order, the Court shall dismiss By:___________________________________ . Spero Hon. Joseph JudgeSpero C. Joseph C United States Magistrate Judge RT ER 27 A H 26 FO NO 25 25 Dated: April ______, 2012 LI 24 R NIA PURSUANT TO STIPULATION, IT IS SO ORDERED. ISTRIC ES D TC AT T RT U O 23 S 22 the instant action without prejudice. UNIT ED AKAY SULL LLP 333 BUSH STREET, SUITE 2250 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE: (415) 764-1999 By: 12 N F D IS T IC T O R C 28 K:\AS\GARM1101\PLD\Federal\Mot_Dismiss_Stip_Order_02.wpd Case No. 11-CV-03733-JCS STIPULATION AND [PROPOSED] ORDER RE: PLAINTIFFS’ MOTION TO DISMISS WITHOUT PREJUDICE , PAGE 3

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