Golden Gate Way, LLC v. Stewart et al

Filing 239

ORDER Dismissing Martino Defendants, DENYING 235 Motion for Summary Judgment filed by Gerald Martino, Pauline F. Kidwell as moot. Signed by Magistrate Judge Donna M. Ryu on 01/10/2012. (dmrlc1, COURT STAFF) (Filed on 1/10/2012)

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Case4:09-cv-04458-DMR Document238 Filed01/06/12 Page1 of 3 1 HANSON BRIDGETT LLP CATHERINE W. JOHNSON, SBN 135070 2 JOHN CU, SBN 207402 3 425 Market Street, 26th Floor 4 San Francisco, California 94105 Telephone: (415) 777-3200 5 Facsimile: (415) 541-9366 6 Attorneys for Plaintiff Golden Gate Way, LLC and Cross-Defendants William Peacock and 7 Yolanda Peacock 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 10 11 GOLDEN GATE WAY, LLC, a California 12 Limited Liability Company, 13 14 Plaintiff, v. 15 JEANNE STEWART, JEANNE'S HAMLIN CLEANERS, JEANNE STEWART dba 16 HAMLIN CLEANERS, TOMMY LEE STEWART, LEONARD A. GROSS, 17 LEONARD A. GROSS PROFESSIONAL CORPORATION, MARTINO FAMILY 18 TRUST, PAULINE F. KIDWELL AND GERALD MARTINO, TRUSTEES, 19 ESTATE OF RONALD MONROE, DECEASED, ESTATE OF MATTHEW 20 MONROE, DECEASED and DOES 1-10, inclusive, 21 Defendants. 22 CASE NO. 09-CV-04458 DMR Assigned for All Purposes to Magistrate Judge Honorable Donna M. Ryu, Ctrm 4, 3rd Fl. STIPULATION AND (PROPOSED) ORDER DISMISSING MARTINO DEFENDANTS AS MODIFIED 23 AND RELATED CROSS-CLAIMS AND COUNTER-CLAIMS 24 25 26 In light of submission by Defendants Pauline Kidwell and Gerald Martino, Trustees 27 for the Martino Family Trust's ("Martino Defendants") Motion for Summary Judgment, 28 particularly their allegation and submitted supporting affidavits, declarations, and 3963894.1 09-CV-04458 DMR -1STIPULATION AND (PROPOSED) ORDER DISMISSING MARTINO DEFENDANTS Case4:09-cv-04458-DMR Document238 Filed01/06/12 Page2 of 3 1 evidence that they, as trustees, did not become trustees of the Martino Family Trust until 2 1999, Plaintiff Golden Gate Way, LLC, Cross-Complainant William Peacock and Yolanda 3 Peacock, and the Martino Defendants have resolved their dispute at this time. Therefore, 4 the Parties, 5 HEREBY STIPULATE AND AGREE, by their respective attorneys, that the Martino 6 Defendants and all claims alleged against them as set forth in Plaintiff's Second 7 Amended Complaint and Cross-Complainant William Peacock's and Yolanda Peacock's 8 Cross-Complaint shall be dismissed without prejudice pursuant to Rule 41(a)(1) of the 9 Federal Rules of Civil Procedure, each affected party to bear its (his or her) own 10 attorneys’ fees and costs of suit. 11 12 DATED: January 5, 2012 13 I, John T. Cu, am the ECF User whose ID and password are being 14 used to file this STIPULATION AND [PROPOSED] ORDER. In 15 compliance with General Order 16 45.X.B., I hereby attest that all counsel has concurred in this filing 17 18 19 20 21 DATED: January 5, 2012 HANSON BRIDGETT LLP By: //s// John T. Cu JOHN T. CU Attorneys for Plaintiff Golden Gate Way, LLC and Cross-Complainant William Peacock and Yolanda Peacock WOOD SMITH HENNING & BERMAN 22 23 24 25 26 By: //s// Matthew Kovacs DAVID FERGUSON WOOD MATTHEW KOVACS Attorneys for Defendants Jeanne Stewart, Jeanne’s Hamlin Cleaners, Jeanne Stewart dba Hamlin Cleaners and Tommy Lee Stewart 27 28 3963894.1 09-CV-04458 DMR -2STIPULATION AND (PROPOSED) ORDER DISMISSING MARTINO DEFENDANTS Case4:09-cv-04458-DMR Document238 Filed01/06/12 Page3 of 3 1 DATED: January 5, 2012 OPPER & VARCO LLP 2 3 By //s//Linda C. Beresford LINDA C. BERESFORD SUZANNE R. VARCO Attorneys for Cross-Defendant Scott Monroe 4 5 6 DATED: January 5, 2012 THE FELDMAN LAW GROUP 7 8 By: //s// Aaron Feldman AARON FELDMAN Attorneys for Cross-Defendant Joy Lou Monroe 9 10 11 Dated: January 5, 2012 ARMSTRONG & ASSOCIATES 12 13 By:/S/ Amber Craig WILLIAM H. ARMSTRONG AMBER R. CRAIG Attorneys for Defendants Martino Family Trust 14 15 16 17 Dated: January 5, 2012 18 By:/S/ Leonard A. Gross LEONARD A.GROSS Attorneys for Defendant Leonard A. Gross Professional Corporation 19 20 21 3963894.1 R NIA FO ER H 28 RT 27 NO 26 D RDERE ____________________________ IS SO O FIED IT M. D Honorable Donna S MRyuI O A Magistrate Judge of the U.S. District Court for the Northern District . Ryu M of Donna California Judge LI 25 January 10th DATED this ____ day of ___________, 2012 A 24 UNIT ED S RT U O Defendants Gerald Martino and Pauline Kidwell's Motion for Summary Judgment (Docket No. 235) is DENIED as moot. 22 S DISTRICT TE C PURSUANT TO STIPULATION, IT IS SO ORDERED. TA 23 N F D IS T IC T O R C 09-CV-04458 DMR -3STIPULATION AND (PROPOSED) ORDER DISMISSING MARTINO DEFENDANTS

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