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)

Case4:09-cv-04458-DMR Document238 Filed01/06/12 Page1 of 3

1 HANSON BRIDGETT LLP
CATHERINE W. JOHNSON, SBN 135070
2 [e-mail]
JOHN CU, SBN 207402
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone: [phone]
5 Facsimile: [phone]
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

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20
21

3963894.1

R NIA

FO

ER

H

28

RT

27

NO

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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
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N

F
D IS T IC T O
R

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09-CV-04458 DMR
-3STIPULATION AND (PROPOSED) ORDER DISMISSING MARTINO DEFENDANTS