Wadman et al v. Discovery Bay Yacht Harbor, LLC et al

Filing 133

ORDER GRANTING 132 JOINT REQUEST FOR ORDER OF CONDITIONAL DISMISSAL.(whalc2, COURT STAFF) (Filed on 3/21/2016)

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LAW OFFICES OF PAUL L. REIN
PAUL L. REIN, ESQ. (SBN 43053)
CELIA MCGUINNESS, ESQ. (SBN 159420)
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
THE DERBY LAW FIRM P.C.
STEVEN L. DERBY, ESQ. (SBN 148372)
1255 Treat Blvd. Suite 300
Walnut Creek, CA 94597
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiffs KELLY TOPPING and MAX
WADMAN

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* Counter-Defendant’s and Defendants’ counsel listed after the caption.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAX WADMAN and KELLY TOPPING,
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Plaintiffs,
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v.
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Case No. C14-5035 WHA
JOINT REQUEST FOR ORDER OF
CONDITIONAL DISMISSAL; AND
[PROPOSED] ORDER THEREON

DISCOVERY BAY YACHT HARBOR,
LLC and KEN HOFMANN,
Defendants.

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DISCOVERY BAY YACHT HARBOR,
LLC,
Counter-Claimant,
v.

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KELLY TOPPING,

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Counter-Defendant.
COX, WOOTTON,
LERNER, GRIFFIN &
HANSEN, LLP

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900 FRONT STREET,
SUITE 350
SAN FRANCISCO, CA
94111
TEL: [phone]
FAX: [phone]

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DBYH.Topping

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Case No. C14-5035 WHA
[PROPOSED] ORDER FOR CONDITIONAL DISMISSAL

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STRATMAN, PATTERSON & HUNTER
ROBERT M. MALTZ, ESQ. (SBN 143078)
505 14th Street, Suite 400
Oakland, CA 94612-1913
Phone: [phone]
Fax: [phone]

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Attorneys for Counter-Defendant KELLY TOPPING
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COX WOOTTON LERNER GRIFFIN & HANSEN LLP
RUPERT P. HANSEN (SBN 082302)
CHRISTOPHER S. KIELIGER (SBN 209121)
JULIETTE B. McCULLOUGH (SBN 278929)
900 Front Street, Suite 350
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant/Counterclaimant
DISCOVERY BAY YACHT HARBOR, LLC,
and Defendant KEN HOFMANN, individually

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JOINT REQUEST FOR CONDITIONAL DISMISSAL OF CASE; AND

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[PROPOSED] ORDER THEREON

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COMES NOW Plaintiff/Counter-Defendant Kelly Topping, Plaintiff Max Wadman,

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Defendant/Counter-Claimant Discovery Bay Yacht Harbor, LLC, and Defendant Kenneth Hofmann,

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being all of the parties to the above captioned litigation, appearing by and through their respective

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counsel of record, and hereby confirm that this matter and all the claims made herein or which could

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have been made herein have been settled between the parties, that the Settlement was placed on the

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record before Magistrate Judge Elizabeth Laporte on Friday, March 11, 2016, and that all that

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remains to complete the settlement is for the defendants to pay the settlement amounts agreed on the

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record in three separate checks made payable respectively to “Kelly Topping”, “Max Wadman, and

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“The Law Offices of Paul L. Rein” on or before April 11, 2016. The parties jointly request that

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unless any party notifies the Court by 5:00 PM, April 18, 2016 that such settlement consideration has

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Case No. C14-5035 WHA
[PROPOSED] ORDER FOR CONDITIONAL DISMISSAL

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not been so paid as agreed or settlement checks have not cleared, that the Court dismiss this case in
its entirely, with prejudice, with each party to bear their own fees and costs.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: March 18, 2016

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LAW OFFICES OF PAUL L. REIN
Attorneys for Plaintiff/Counterdefendant
KELLY TOPPING and Plaintiff MAX
WADMAN

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By: /s/ Celia McGuinness
Celia McGuinness

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Dated: March 18, 2016

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STRATMAN, PATTERSON & HUNTER
Attorneys for Counterdefendant
KELLY TOPPING
By: /s/ Robert M. Maltz
Robert M. Maltz

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Dated: March 18, 2016

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By: /s/ Christopher S. Kiegler
Christopher S. Kiegler

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COX, WOOTTON, LERNER,
GRIFFIN & HANSEN, LLP
Attorneys for Defendant/Counterclaimant
DISCOVERY BAY YACHT HARBOR LLC, and
Defendant KEN HOFMANN

Pursuant to Local Civil Rule 5.1, this ECF filer hereby attests that he has on file all holographic
signatures corresponding to any signatures indicated by a conformed signature (/S/) within this efiled document.

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Pursuant to stipulation and for Good Cause appearing, IT IS HEREBY ORDERED:
That in light of the settlement of this matter that was placed on the record before Magistrate Judge
Elizabeth Laporte on Friday, March 11, 2016, and based on the representation of all counsel of
record that all that remains to complete the settlement is for the defendants to pay the settlement
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Case No. C14-5035 WHA
[PROPOSED] ORDER FOR CONDITIONAL DISMISSAL

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amounts that were agreed on the record, by means of three separate checks made payable
respectively to “Kelly Topping”, “Max Wadman, and “The Law Offices of Paul L. Rein” on or
before April 11, 2016:
1. The Court hereby conditionally dismisses this action, and unless any party notifies the Court
by 5:00 PM, April 18, 2016 that the agreed upon settlement consideration has not been so
paid as agreed, or settlement checks have not cleared, then this conditional dismissal shall
become a final dismissal of this case in its entirely, with prejudice, and with each party to
bear their own fees and costs;
2. The March 31, 2016 hearing for plaintiffs’ motion for partial summary adjudication is hereby
vacated;
3. The April 6, 2016 pre-trial conference in this matter is hereby vacated; and
4. The April 11, 2016 trial date in this matter is hereby vacated.

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March 21, 2016.
DATED: ________________________

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_____________________________________
United States District Judge William Alsup

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Case No. C14-5035 WHA
[PROPOSED] ORDER FOR CONDITIONAL DISMISSAL