Kottom v. Walker et al

Filing 132

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Magistrate Judge Laurel Beeler on 4/18/2016. (lsS, COURT STAFF) (Filed on 4/18/2016)

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B. Douglas Robbins (219413)
WOOD ROBBINS, LLP
One Post Street, Suite 800
San Francisco, CA 94104
T: 415.247.7900
F: 415.247.7901
[e-mail]
Attorneys for Plaintiff
KATHLEEN E. KOTTOM

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KATHLEEN E. KOTTOM, individually, and as
surviving trustee of the Paul and Kathleen
Kottom Living Trust,

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Plaintiff,

Case No.: 3:14-cv-04492 LB (KW)
JOINT STIPULATION OF DISMISSAL
WITH PREJUDICE : ORDER

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v.
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ALBERT DAN WALKER, an individual; and
FARMERS NEW WORLD LIFE INSURANCE
COMPANY, a Company;

Ct. Rm:
Judge:

15th Floor, Room C
Laurel Beeler

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Defendants.

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Plaintiff KATHLEEN KOTTOM individually and as trustee of the Paul and Kathleen

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Kottom Living Trust (collectively “Kottom”) and Defendant ALBERT DAN WALKER (“Walker”)

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(collectively, “the Parties”), by and through their undersigned counsel of record, state as follows:

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WHEREAS, Plaintiff Kottom sued Walker in a civil action styled, Kottom v. Walker, No.

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3:14-cv-04492 LB (KW) (N.D. Cal, filed Oct. 7, 2014) (the “Action”), alleging that under the

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Nature’s World’s Operating Agreement, Walker failed to pay $1,000,000 to Kottom in exchange for

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her 50% interest in Nature’s World; that Walker breached his fiduciary duties to Kottom by slowing

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and blocking the sale of Nature’s World to third parties; and that Walker engaged in corporate waste

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and other related torts;

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WHEREAS, Walker denies the allegations in the Action, and denies any other allegations of
wrongdoing;
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STIPULATION OF DISMISSAL
Case No. 3:14-cv-04492-LB (KW)

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WHEREAS, on March 24, 2016, the Parties resolved their dispute through a mutually

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agreeable Settlement and Release Agreement Between Kathleen Kottom, Albert Dan Walker,

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Nature’s World, L.L.C., and the Paul and Kathleen Kottom Living Trust (“Settlement Agreement”)

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and Assignment of Membership Interest of Nature’s World, L.L.C.;

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NOW, THEREFORE, the Parties agree and stipulate as follows:

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1.

stipulate to the dismissal of this Action with prejudice.

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Pursuant to the express terms of the Parties’ Settlement Agreement, the Parties jointly

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The Parties agree that Judge Laurel Beeler of the United States District Court for the

Northern District of California (or another judge in the same Court, should Judge Beeler be

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unavailable) shall maintain jurisdiction to enforce the Settlement Agreement. No other court, except

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the federal court in the Northern District of California, located in San Francisco, California, and its

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courts of appeal, has authority to adjudicate any controversy over the Parties’ Settlement Agreement

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or any other subsequent controversy between and among the Parties regarding Nature’s World,

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L.L.C., as reflected in the Settlement Agreement and the transcript of proceedings held on March 24,

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2016.
Each Party shall bear his or her own attorneys’ fees and costs.

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3.

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Each undersigned representative of the Parties certifies that he or she is fully authorized to

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enter into and execute the terms and conditions of this Joint Stipulation of Dismissal.

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April
18th
IT IS SO ORDERED this ______ day of ________________, 2016.

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By:
Honorable Laurel Beeler
Magistrate Judge
United States District Court
Northern District Of California

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STIPULATION OF DISMISSAL
Case No. 3:14-cv-04492-LB (KW)