Wollen v. Bay Marine Boatworks, Inc.

Filing 23

ORDER DISMISSING CASE. Signed by Judge William H. Orrick on 02/17/2021. (jmdS, COURT STAFF) (Filed on 2/17/2021)

1 JENNIFER T. SANCHEZ (191548)
MARISA G. HUBER (254171)
2 MICHELLE L. TOMMEY (196166)
GIBSON ROBB & LINDH LLP
3 201 Mission Street, Suite 2700
San Francisco, California 94105
4 Telephone:
[phone]
Facsimile:
[phone]
5 Email:
[e-mail]
[e-mail]
6
[e-mail]
7 Attorneys for Defendants/Counter-Claimant
CHRISTOPHER WOLLEN and
8 S/Y PURSUIT
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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13 BAY MARINE BOATWORKS, INC., dba
SVENDSEN’S BAY MARINE,
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Case No. 3:20-cv-05399-WHO (DMR)
and Related Case No. 20-cv-05958-JD
IN ADMIRALTY

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Plaintiff,

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STIPULATED CONDITIONAL
DISMISSAL AND ORDER

v.
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18 S/Y PURSUIT, her sails, tackle, appurtenances,
etc., in rem; and CHRISTOPHER WOLLEN,
19 in personam,
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Defendants.
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22 CHRISTOPHER WOLLEN,
Counter-Claimant,

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v.

25 BAY MARINE BOATWORKS, INC., dba
SVENDSEN’S BAY MARINE,
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Counter-Defendant.
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CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
Case No. 3:20-cv-05399 WHO; Our File No. 4800.26

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WHEREAS, Plaintiff and Counter-Defendant Bay Marine Boatworks, Inc. dba Svendsen’s

2 Bay Marine (“Svendsen’s”) and Defendant and Counter-Claimant Christopher Wollen (“Wollen”)
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have reached a settlement that provides for dismissal of this entire action and the related case with
prejudice conditioned on the Court issuing an order not only retaining jurisdiction to enforce the

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terms of the settlement but vacating its prior order providing for the arrest and appointment of a

7 substitute custodian for the vessel S/Y PURSUIT (the “Arrest”).
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NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. The order of Arrest of the S/Y PURSUIT be vacated;
2. Subject to the Court’s entry of an order retaining jurisdiction through June18, 2021, to
enforce the terms of the Parties’ Settlement Agreement, pursuant to F.R.C.P 41(a)(2), the Parties

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dismiss their Complaint and Counter-Claim in this Action with prejudice and Wollen dismisses his
Complaint in the related action with prejudice, with each party bearing their own attorney’s fees

15 and costs.
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Dated: February 16, 2021

GIBSON ROBB & LINDH LLP

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/s/ JENNIFER TOMLIN SANCHEZ
Jennifer Tomlin Sanchez
[e-mail]
Attorneys for Defendants/Counter-Claimant
CHRISTOPHER WOLLEN and
S/Y PURSUIT

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Dated: February 16, 2021

KENNEDYS CMK LLP

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/s/ JONATHAN W. THAMES
Jonathan W. Thames
[e-mail]
Attorneys for Plaintiff/Counter-Defendant
Bay Marine Boatworks, Inc. dba Svendsen’s Bay
Marine

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CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
Case No. 3:20-cv-05399 WHO; Our File No. 4800.26

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ORDER
For the reasons stated above in the Parties’ Stipulated Conditional Dismissal, the Court
finds that the proposed dismissal is proper under Rule 41(a)(2) of the Federal Rules of Civil
Procedure. IT IS HEREBY ORDERED:

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1. With the consent of the Parties, the Court shall retain jurisdiction for the purposes of

7 enforcing the terms of the Parties’ settlement agreement through June 18, 2021;
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2. The order of Arrest of the vessel S/Y PURSUIT and the appointment of a substitute
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custodian, docket number 6, is vacated;
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3. Except as provided for in Paragraph 1, the case captioned Bay Marine Boatworks, Inc.
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12 dba Svendsen’s Bay Marine v. S/Y/ PURSUIT, her sails, tackle, appurtenances, etc. in rem and
13 Christopher Wollen, in personam, case no. 3:20-cv-05399-WHO (DMR) and the related case
14 captioned Christopher Wollen v. Bay Marine Boatworks, Inc. dba Svendsen’s Bay Marine, case
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no. 3:20-cv-05958-JD, are hereby dismissed with prejudice.

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Dated: February 17, 2021

_
Hon. William H. Orrick
United States District Court

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CONDITIONAL DISMISSAL AND [PROPOSED] ORDER
Case No. 3:20-cv-05399 WHO; Our File No. 4800.26

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