Westminster House, LLC v. Jao et al

Filing 94

ORDER RE DISMISSAL OF DEFENDANT FRANK JAO AND MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT. Signed by Judge Alsup on 11/5/2013. (whalc2, COURT STAFF) (Filed on 11/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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WESTMINSTER HOUSE, LLC, a
Delaware limited liability company,
No. C 12-02026 WHA
Plaintiff,

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v.

Defendants.
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ORDER RE DISMISSAL OF
DEFENDANT FRANK JAO AND
MOTION FOR
DETERMINATION OF GOOD
FAITH SETTLEMENT

FRANK JAO, an individual, and HAI
NGOC DINH, an individual,

As discussed at yesterday’s final pretrial conference, plaintiff Westminster House, LLC

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and defendant Frank Jao have entered into a settlement agreement. As part of that agreement,

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Westminster and defendant Jao requested defendant Jao’s dismissal through a proposed

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stipulation. That request for dismissal is hereby GRANTED. Mr. Jao is dismissed effective

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November 4, 2013.

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Furthermore, the Court will retain jurisdiction up until December 12, 2014 to enforce the

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part the settlement agreement that calls for defendant Jao’s payment of $1,650,000. Any motion

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to enforce that part of the settlement agreement must be filed by NOON ON DECEMBER 12, 2014.

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The Court does not retain jurisdiction to enforce any other provision of Mr. Jao’s settlement

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agreement with Westminster.

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Finally, with respect to defendant Jao’s motion for determination of good faith settlement
with Westminster, that motion must be filed by NOON ON MAY 30, 2014, preferably well before
that date. Defendant Hai Ngoc Dinh, however, is permitted to conduct discovery into whatever

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issues pertain to this motion, including but not limited to the financial condition of defendant

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Jao. Such discovery would be subject to a protective order (i.e., attorneys’ eyes only).

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IT IS SO ORDERED.

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Dated: November 5, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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