Tong v. U.S. Trustee Office of the U.S. Trustee / SF et al

Filing 21

ORDER by Judge Haywood S. Gilliam, Jr. Granting 20 STIPULATION RE DISMISSAL. (ndrS, COURT STAFF) (Filed on 11/28/2017)

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Christopher Jagard, Chief Counsel, CSB#191147
Christopher Frick, Assistant Chief Counsel, CSB#83432
State of California
Department of Industrial Relations
1515 Clay Street, Suite 701
Oakland, CA 94612
Telephone No. [phone]
Fax No. [phone]
Attorneys for California Department of Industrial Relations,
Edward Kunnes and Evan Adams

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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MILLARD W. TONG

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CASE NO. 4:17-cv-01201-HSG

Appellant,

Appeal from Bankruptcy Case No. 15-30275

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v.

CHAPTER 11

THE CALIFORNIA DEPARTMENT OF
INDUSTRIAL RELATIONS,

Judge Hon. Haywood S. Gilliam, Jr.

Appellee.

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STIPULATION RE DISMISSAL AND ORDER
This Stipulation (or "Agreement") is made between and among Millard W. Tong,

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individually and as Debtor-in-Possession, herein "Debtor," and California Department of Industrial

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Relations, Edward Kunnes and Evan Adams, herein "DIR," being the parties to the above referenced

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appeal arising from a motion for contempt in the bankruptcy court proceedings.

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As the results of a judicially supervised settlement conference, the Debtor and DIR have

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entered into agreements memorialized in stipulation entitled "Stipulation for Issuance of Order for

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Distribution of Proceeds from the Sale of 1620 Mason Street, San Francisco, CA (After BDRP

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Mediation)" that, among other matters, settled the issues pending before this Court. The bankruptcy

DEPARTMENT OF
INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR –
LEGAL UNIT

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court has authorized settlement of these issues and the parties have performed all agreements under

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the settlement. Accordingly, Debtor and DIR stipulate as follows:

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Debtor and DIR jointly request that the United States District Court, sitting as the court of

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appeal, regarding Debtor's motion for contempt, dismiss said appeal with each party to bear their

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own costs and attorney's fees.

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Dated: November 27, 2017

/s/ Christopher W. Frick
Christopher W. Frick
Counsel for Appellees,
CA Dept. of Industrial Relations, Edward Kunnes and
Evan Adams

Dated: November 27, 2017

/s/ Lawrence A. Jacobson
Lawrence A. Jacobson
Counsel for Appellant Millard Tong

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _______________
11/28/2017

____________________________
Hon. Haywood S. Gilliam, Jr.

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DEPARTMENT OF
INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR –
LEGAL UNIT

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PROOF OF SERVICE
I am employed in the County of Alameda, California. I am over the age of eighteen years
and not a party to the within action; my business address is 1515 Clay Street, 7th Floor, Oakland,
CA 94612. On November 27, 2017, I served the following documents:

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STIPULATION RE DISMISSAL AND ORDER

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DEPARTMENT OF
INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR –
LEGAL UNIT

on the parties listed below, through their attorneys of record, by placing true copies thereof in
sealed envelopes addressed as shown below for service as designated below:
(A) By personal service. I personally delivered the documents to the persons at the
addresses listed below. For a party represented by an attorney, delivery was made to the attorney or
at the attorney’s office by leaving the documents in an envelope or package clearly labeled to
identify the attorney being served with a receptionist or an individual in charge of the office.
(B) By United States mail. I enclosed the documents in a sealed envelope or package
addressed to the persons at the address below and:
fully

(1)
deposited the sealed envelope with the United States Postal Service, with the postage
prepaid.
(a)
and the sealed envelope was prepared for Certified Mail, Return Receipt
Requested, with appropriate fees for such service fully prepaid.
(b)
and the sealed envelope was prepared for Registered Mail, with appropriate
fees for such service fully prepaid.
(2)
placed the envelope for collection and mailing, following our ordinary business
practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States Postal
Service, in a sealed envelope with postage fully prepaid.
(a)
and the sealed envelope was prepared for Certified Mail, Return Receipt
Requested, with appropriate fees for such service fully prepaid.
(b)
and the sealed envelope was prepared for Registered Mail, with appropriate
fees for such service fully prepaid.

I am a resident or employed in the county where the mailing occurred. The envelope or
package was placed in the mail at Sacramento, California.
(C) By overnight delivery:
(1)
I enclosed the documents in an envelope or package provided by an overnight
delivery carrier and addressed to the persons at the addresses below. I placed the envelope or
package for collection and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
(2)
The documents were delivered to an authorized courier or driver authorized to
receive documents by an overnight delivery carrier, in an envelope or package designated by the
carrier with delivery fees
paid or provided for, addressed to the person to whom it is to be
served, at the office address as last given by that person on the document filed in the cause and
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served on the party making service. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
(D) By fax transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed below. No error was
reported by the fax machine that I used. A copy of the record of the fax transmission, which I
printed out, is attached.
(E)
By e-mail or electronic transmission. Based on a court order or an agreement of
the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent
to the persons at the e-mail addresses listed below. I did not receive, within a reasonable time after
transmission, any electronic message or other indication that the transmission was unsuccessful.
(F) By messenger service. I served the documents by placing then in an envelope or
package addressed to the persons at the addresses listed below and providing them to a professional
messenger service. (A declaration by the messenger service is attached.) I declare under penalty of
perjury under the laws of the State of California that the foregoing is true and correct.

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TYPE OF
SERVICE

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(C1) & (E)

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ADDRESS/FAX NO. (IF APPLICABLE)
LAWRENCE A. JACOBSON, SBN 057393
SEAN M. JACOBSON, SBN 227241
COHEN AND JACOBSON, LLP
66 Bovet Road, Suite 285
San Mateo, CA 94402
Telephone: [phone]
Facsimile: [phone]

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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

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Date: November 27, 2017

/s/ Winnie Inigo-Rock
Winnie Inigo-Rock

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DEPARTMENT OF
INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR –
LEGAL UNIT

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