Williams v. Lei et al

Filing 20

STIPULATION AND ORDER dismissing claims against Defendant Lei (Lilly) Lei with prejudice. Signed by Judge Charles R. Breyer on 4/17/2024. (ls, COURT STAFF) (Filed on 4/17/2024)

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1 2 3 4 5 VICK LAW GROUP, APC Scott Vick (State Bar No. 171944) 301 N. Lake Avenue, Suite 1000 Pasadena, California 91101 Telephone: (213) 784-6225 E-mail: Scott@vicklawgroup.com Attorneys for Defendant LEI (LILLY) LEI 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 RANDY WILLIAMS, TRUSTEE 11 12 13 14 Plaintiff, vs. LEI (LILLY) LEI, et al., CASE NO.: 3:23-cv-00835-CRB STIPULATION TO DISMISS CLAIMS AGAINST DEFENDANT LEI (LILLY) LEI WITH PREJUDICE; [PROPOSED ORDER] Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO DISMISS CLAIMS AGAINST DEFENDANT LEI (LILLY) LEI Case No. 3:23-cv-00835-CRB 1 Plaintiff Randy Williams, Trustee (“Plaintiff”) and Defendant Lei (Lilly) Lei (“Lei”), 2 (collectively the “Parties”), by and through their counsel of record, HEREBY STIPULATE and 3 AGREE as follows: 4 WHEREAS, the claims in this matter originated in an Adversary Proceeding [Dkt. 1] 5 filed by Plaintiff Randy Williams (“Williams”) on August 22, 2017 in Randy Williams, Trustee 6 of the Luca Liquidating Trust v. Lei (Lilly) Lei, et al. (U.S. Bankruptcy Court, Southern District 7 of Texas, Case No. 17-03375) (the “Adversary Proceeding”); 8 9 WHEREAS, on October 24, 2022, the Bankruptcy Court in the Adversary Proceeding issued a Report and Recommendations for Withdrawal of the Reference of the Adversary 10 Proceeding to the United States District Court. (Luca International Group, LLC and Randy 11 Williams v. Lei Lei, et al., United States District Court, Southern District of Texas (“USDC”), 12 Case No. 4:22-cv-03709). See Dkt. 39, Adversary Proceeding and USDC Dkt. 1; 13 14 WHEREAS, on January 25, 2023, the Court issued an order granting the Motion to Withdraw the Reference as to Case No. 17-03375. [USDC Dkt. 3]; 15 WHEREAS, on February 15, 2023, a status conference was held, and the Court ordered 16 that the case would be transferred to the United States District Court for the Northern District of 17 California. [USDC Dkt. 4 and 5]; 18 WHEREAS, this matter is currently before the above-captioned Court; 19 WHEREAS, the Parties have met and conferred, and Plaintiff has agreed to dismiss his 20 claims against Defendant Lei; 21 //// 22 //// 23 //// 24 //// 25 //// 26 //// 27 //// 28 1 STIPULATION TO DISMISS CLAIMS AGAINST DEFENDANT LEI (LILLY) LEI Case No. 3:23-cv-00835-CRB 1 NOW THEREFORE, IT IS STIPULATED as follows: 2 Plaintiff’s claims against Defendant Lei are dismissed with prejudice. 3 4 5 Respectfully submitted, DATED: April 16, 2024 6 By /s/ Scott Vick SCOTT VICK Attorneys for Defendant LEI (LILLY) LEI 7 8 9 VICK LAW GROUP, APC DATED: April 16, 2024 JAMES D. PIERCE, ESQ. 10 -and- 11 WALKER & PATTERSON, P.C. 12 13 By /s/ Johnnie Patterson JOHNNIE PATTERSON Attorneys for Plaintiff RANDY WILLIAMS, TRUSTEE 14 15 16 17 18 I hereby attest that all other signatories listed concur in the filing of this document and have authorized its filing. /s/ Scott Vick Scott Vick 19 20 [PROPOSED] ORDER Pursuant to the stipulation of the Parties, Plaintiff’s claims against Defendant Lei are 21 dismissed with prejudice. 22 IT IS SO ORDERED. 23 24 April 17 DATED: _____________, 2024 25 ______________________________ Hon. Charles R. Breyer United States District Judge 26 27 28 2 STIPULATION TO DISMISS CLAIMS AGAINST DEFENDANT LEI (LILLY) LEI Case No. 3:23-cv-00835-CRB

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