AF Holdings LLC v. Doe
Filing
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ORDER Re Final Judgment. Signed by Judge Edward M. Chen on 5/21/2013. (emcsec, COURT STAFF) (Filed on 5/21/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AF HOLDINGS LLC,
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No. C-12-2396 EMC
Plaintiff,
ORDER RE FINAL JUDGMENT
v.
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For the Northern District of California
United States District Court
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JOE NAVASCA,
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Defendant.
___________________________________/
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Previously, the Court issued an order granting AF’s motion for voluntary dismissal but
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deferring entry of final judgment so that AF’s counsel could produce to Mr. Navasca the original of
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an ADR certification that was e-filed by AF (purportedly signed by “Salt Marsh”). The Court noted
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that, if AF’s counsel was not able to produce the original, then he would have to explain why not.
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AF’s counsel – currently Mr. Duffy – has now filed a declaration stating that he was unable
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to get a copy of the original because (1) Mr. Duffy was not counsel for AF at the time the ADR
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certification was signed and (2) when Mr. Duffy’s attorney contacted the attorney for AF’s prior
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counsel (Mr. Gibbs) about the original document, that attorney stated that Mr. Gibbs does not have
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the original. See generally Duffy Decl.; Vineyard Decl.
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AF has also submitted a declaration from Mark Lutz, who states that he is a manager for AF.
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See Lutz Decl. ¶ 2. Mr. Lutz also states that “Salt Marsh is the name of the trust that owns AF.”
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Lutz Decl. ¶ 2. According to Mr. Lutz, while Mr. Gibbs was representing AF, Mr. Gibbs would
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send to him “from time to time . . . certifications to sign on behalf of AF Holdings stating that I am
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familiar with the ADR policies. My practice was to sign those certifications on behalf of the Salt
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Marsh Trust and return them to Mr. Gibbs.” Lutz Decl. ¶ 5.
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Because AF’s counsel has now substantially complied with the Court’s order, the Court sees
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no basis to continue deferring a final judgment. Accordingly, the Court hereby orders the Clerk
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of the Court to enter judgment in accordance with the Court’s order of April 23, 2013. See
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Docket No. 76 (order). The Clerk of the Court shall also close the file in the case.
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IT IS SO ORDERED.
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Dated: May 21, 2013
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For the Northern District of California
United States District Court
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_________________________
EDWARD M. CHEN
United States District Judge
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