Gott Brothers Development, LLC v. Nicholson et al

Filing 55

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 2/28/12. (nah, COURT STAFF) (Filed on 2/28/2012)

1
2
3
4
5
6
7
8
9

JAMES R. ROSE
KATHARINE HELDT FALACE
THE LAW OFFICES OF JAMES R. ROSE
1500 Railroad Avenue
St. Helena, CA 94574
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
PATRICK MCGOVERN, ESQ. (SBN 115981)
270 Redwood Shores Parkway, No. 730
Redwood City, California 94065
Telephone:
[phone]
Facsimile:
[phone]
E-Mail: [e-mail]

10
11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15
16
17
18
19
20
21
22
23
24

)
)
)
)
Plaintiff,
)
)
vs.
)
)
JEAN NICHOLSON and DEAN
NICHOLSON, individually and as Trustees )
of the DEAN AND JEAN T. NICHOLSON )
FAMILY TRUST; VIRGINIA TOOGOOD, )
)
individually and as the Trustee of the
VIRGINIA TOOGOOD FAMILY TRUST, )
COMPRISING VIRGINIA T. TOOGOOD )
)
AND DOES 1-20, INCLUSIVE,
GOTT BROTHERS DEVELOPMENT,
LLC, a limited liability company

25

Case No. CV 09-00807 PJH
JOINT STIPULATION OF DISMISSAL
AND [PROPOSED] ORDER

JUDGE:

Hon. Phyllis J. Hamilton

Defendants.

26
27
28

Whereas Plaintiff and Counter-Defendants GOTT BROTHERS DEVELOPMENT,
LLC, a California limited liability company. JOEL GOTT, an individual and DUNCAN GOTT,
-1Case No. 09-00807 PJH

1

an individual (“GOTT”), and Defendants and Counter-Complainants JEAN NICHOLSON and

2

DEAN NICHOLSON, individually and as Trustees of the DEAN AND JEAN T. NICHOLSON

3

FAMILY TRUST and VIRGINIA TOOGOOD, individually and as the Trustee of the

4

VIRGINIA TOOGOOD FAMILY TRUST COMPRISING VIRGINIA T. TOOGOOD

5

(“NICHOLSON/TOOGOOD”) (collectively the “Parties”) reached a settlement before the

6

Honorable Magistrate Judge Ryu, the terms of which were put on the record on January 9,

7

2012. Accordingly, the above matter may now be dismissed. As part of the settlement put on

8

the record on that date, Judge Ryu retained jurisdiction, and shall continue to retain such

9

jurisdiction after filing of this stipulation and dismissal, to resolve any dispute concerning the

10

drafting of settlement documents by binding and non-appealable decision. Further, as the

11

settlement included installment payments from GOTT to NICHOLSON/TOOGOOD, the last

12

of which is due and payable on June 1, 2014, the Court shall retain jurisdiction on application

13

of NICHOLSON/TOOGOOD to set aside this dismissal and enter judgment upon the

14

settlement on the record or instead pursuant to subsequent written settlement agreement

15

executed by the Parties.

16

IT IS HEREBY STIPULATED by the Parties and their attorneys of record that the

17

Court respectfully confirm the dismissal of the above action without prejudice pursuant to Rule

18

41(a)(1)(ii) of the Federal Rules of Civil Procedure.

19

WHEREFORE, the Parties stipulate that this case be dismissed without prejudice

20

pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure upon the terms set forth

21

herein.

22

Jointly stipulated this ____ day of February, 2012.

23
THE LAW OFFICES OF JAMES R. ROSE

24
25

______________________________________
JAMES R. ROSE
Attorneys for Plaintiff and Counter-Defendants

26
27
28

-2Case No. 09-00807 PJH

1

THE LAW OFFICES OF PATRICK
MCGOVERN

2
3

________________________________________
PATRICK MCGOVERN
Attorneys for Defendants and Counter-Claimaints

4
5
6

ORDER

7
8
9
10
11
12
13
14
15
16
17

The Joint Stipulation of Dismissal having been submitted by the parties, and good cause
appearing therefore,
IT IS HEREBY ORDERED
1. The case is dismissed without prejudice pursuant to Rule 41(a)(1)(ii) of the Federal
Rules of Civil Procedure;
2. Magistrate Judge Donna M. Ryu to resolve any dispute concerning the drafting of
settlement documents by binding and non-appealable decision; and
3. The Court retains jurisdiction upon application of NICHOLSON/TOOGOOD to set
aside this dismissal and enter judgment upon the settlement on the record or instead pursuant to
subsequent written settlement agreement executed by the Parties.

18
IT IS SO ORDERED

20

UNIT
ED

S

RT
U
O

RT

ER

H

24

Judge P

25
26
27
28
-3Case No. 09-00807 PJH

Hamilto

n

FO

hyllis J.

NO

23

R NIA

HON. PHYLLIS RDERED
J. HAMILTON
OO
IT IS SDistrict Judge
United States

22

LI

21

ISTRIC
ES D
TC
AT
T
__________________________________

28
Dated: February __, 2012

A

19

N

F
D IS T IC T O
R

C