United States Small Business Administration v. Redleaf Group, Inc

Filing 149

STIPULATION AND ORDER of Dismissal with prejudice to the claims and defenses asserted therein, but without prejudice to the Receiver enforcing its rights solely against Redleaf under the terms of the Settlement Agreement re 147 Stipulation. The Clerk shall close this file. Signed by Judge James Ware on 5/19/2009. (ecg, COURT STAFF) (Filed on 5/20/2009)

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Gregory C. Nuti (Bar No. 151754) 1 Schnader Harrison Segal & Lewis LLP One Montgomery Street, Suite 2200 2 San Francisco, CA 94104-5501 Telephone: [phone] Facsimile: 415-364-6785 4 Beverley Hazelwood Lewis Trial Attorney, Office of General Counsel 5 U.S. Small Business Administration 409 3rd Street, S.W., Seventh Floor 6 Washington, D.C. 20416 Telephone [phone] Facsimile [phone]

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8 Attorneys for Plaintiff, United States Small Business Administration 9 in its capacity as Receiver for Aspen Ventures III, L.P. 10 11
SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY STREET, SUITE 2200 SAN FRANCISCO, CA 94104-5501 TELEPHONE: [phone]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C07-05350 JW PVT STIPULATION OF DISMISSAL AND RETENTION OF JURISDICTION BY THE COURT TO ENFORCE SETTLEMENT AGREEMENT AND [PROPOSED] ORDER

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UNITED STATES SMALL BUSINESS 14 ADMINISTRATION IN ITS CAPACITY AS RECEIVER FOR ASPEN VENTURES III, L.P., 15 Plaint iff, 16 vs. 17 REDLEAF GROUP, INC., 18 19 20 21 22 vs. ASPEN VENTURES MANAGEMENT III, 23 LLC, a Delaware Limited Liability Company, 24 ALEXANDER P. CILENTO, a California resident, and DAVID CROCKETT, a California 25 resident, and DOES 1-10, 26 27 28 1 Third-Party Defendants. Defendants. REDLEAF GROUP, INC., Third-Party Plaintiff,

STIPULATION FOR DISMISSAL

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Plaint iff the United States Small Business Administration ("SBA") in its capacity as Receiver ("Receiver") for Aspen Ventures III, L.P. ("Aspen"), defendant and third party plaintiff Redleaf Group, Inc. ("Redleaf"), and third party defendants Alexander P. Cilento ("Cilento"), and David Crockett ("Crockett")1 hereby agree to dismiss the above captioned proceeding pursuant to Federal Rules of Civil Procedure 41 and 66 based upon the following: The Receiver, Redleaf, Cilento and Crockett (collectively, "Parties") have

8 executed a Settlement Agreement and Mutual Release of Claims ("Settlement Agreement") 9 resolving the above captioned matter. 10 11
SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY STREET, SUITE 2200 SAN FRANCISCO, CA 94104-5501 TELEPHONE: [phone]

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The Settlement Agreement provides that this Court shall retain jurisdiction to

enforce the terms of the Settlement Agreement as to certain issues related solely to the Receiver's settlement with Redleaf. 3. Under the Terms of the Settlement Agreement, the Receiver has agreed to accept

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15 certain representations from Redleaf and payments over time from Redleaf. The Parties agree in 16 the event Redleaf defaults on its obligations under the Settlement Agreement, the Receiver upon 17 ex parte applicat ion to this Court may seek to reopen this matter for the purpose of enforcing the 18 terms of the Settlement Agreement solely against Redleaf and/or entering a judgment solely 19 against Redleaf in the form and amount as agreed upon in the Settlement Agreement, less any 20 payments actually received pursuant to the Settlement Agreement. Any enforcement of the 21 Settlement Agreement or reopening of this matter by the Receiver shall be as to Redleaf only and 22 not as to Cilento and Crockett, provided that Cilento and Crockett have paid their $80,000 23 settlement payment to the Receiver as specified in Section 2(a)(ii) of the Settlement Agreement. 24 25 26 27 28
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The only other third party defendant Aspen Ventures Management III, LLC, a Delaware Limited Liability Company has already been dismissed from these proceedings.

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STIPULATION FOR DISMISSAL

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Therefore, the Parties agree to dismiss the above captioned matter with prejudice to the

2 claims and defenses asserted therein, but without prejudice to the Receiver enforcing its rights 3 solely against Redleaf under the terms of the Settlement Agreement. 4 5 Dated: May 18, 2009 6 7 8 9 10 11
SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY STREET, SUITE 2200 SAN FRANCISCO, CA 94104-5501 TELEPHONE: [phone]

SCHNADER HARRISON SEGAL & LEWIS LLP

By: /s/ Gregory C. Nuti Gregory C. Nuti Attorneys for Plaintiff, the United States Small Business Administration in its capacity as Receiver for Aspen Ventures III, L.P. Dated: May 18, 2009 K&L GATES LLP

12 13 14 15 16 17 Dated: May 18, 2009 18 19 20 21 22 23 24 25 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. Dated: ______________, 2009 May 19, 2009 The Clerk shall close this file. By: /s/ Jessica L. Grant Jessica L. Grant Attorneys for 3rd Party Defendants David Crockett and Alexander Cilento TAYLOR & COMPANY LAW OFFICES, LLP By: /s/ Martin D. Teckler Martin D. Teckler Attorneys for Defendant and 3rd Party Plaintiff Redleaf Group, Inc.

26 ___________________________________________ Honorable James Ware 27 United States District Court Judge 28 3
STIPULATION FOR DISMISSAL