Yen et al v. Vento Family trust et al

Filing 252

STIPULATION AND ORDER 251 for Dismissal. ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 4/8/14. (jgS, COURT STAFF) (Filed on 4/8/2014)

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1 2 3 JEFFREY M. FORSTER (SBN 50519) 160 West Santa Clara Street, Suite 1100 San Jose, CA 95113 Telephone: (408) 977-3137 Facsimile: (408) 977-3141 Email: jforstr@pacbell.net 4 7 STEVEN R. LEVY (State Bar No. 103164) 17670 Woodland Avenue Morgan Hill, CA 95037 Telephone: (408) 274-7000 Facsimile: (408) 274-9000 Email: slevy@bigfoot.com 8 Attorneys for Plaintiffs 5 6 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 CASE NUMBER: YU-SZE YEN, et. al, 14 v. 16 RMW STIPULATION AND ORDER FOR DISMISSAL Plaintiffs, 15 C-08-03535 RONALD BUCHHOLZ, et. al., 17 Defendants. 18 19 20 21 STIPULATION Pursuant to Federal Rule 41(a), Steven Levy, counsel for Plaintiffs, and Andrew August, counsel 22 for Defendants, (Plaintiffs and Defendants are specified below and are collectively referred to as “The 23 Parties”) hereby stipulate as set forth below and request the Court to enter an Order of Dismissal in 24 accordance therewith. 25 26 27 28 On September 20, 2013, The Parties participated in a judicially supervised settlement conference, Magistrate Howard R. Lloyd presiding. The Parties reached agreement, the settlement was recited on the record (audio recording) and a written settlement agreement was subsequently executed by The Parties. Case Num ber: C-08-03535 RM W Stipulation and Order for Dismissal Page 1 of 3 1 The terms of the settlement have been fully performed and dismissal is appropriate. 2 Accordingly, it is hereby stipulated that the above entitled and numbered matter may be 3 dismissed as to as to Defendants, with prejudice, The Parties to bear their own costs. 4 5 6 PLAINTIFFS Plaintiffs are: YU-SZE YEN; CLARICE ARNE; MIKE BAKER; JUAN BETTAGLIO AND 7 BRENDA BETTAGLIO, individually and as Trustees of the Bettaglio Family Trust; MIKE BROGDON 8 AND RENEE BROGDON, individually and as Trustees of the Brogdon Family Trust; DIANNE 9 BRYSON; JAMES BRYSON; WAYNE CANTO AND CANDISE CANTO; FRANK CARBAJAL 10 AND MEGAN CARBAJAL; KWEI CHOONG; JASON COLYAR; JIM COATES; JKAT 11 PROPERTIES, LLC, a California limited liability company; MARK DELMAN AND KATHLEEN 12 DELMAN; TIMOTHY GALE AND LORI GALE; ERIC GOLD; JACK GREER AND DIANE GREER; 13 JERRY HUGHES AND RHONDA HUGHES; JEFF LAWRENCE; TINA McCRAW; BRUCE 14 MEEKER AND DEBORAH MEEKER; MATT ROGERS AND JULIE ROGERS; DAVID SAMS; 15 CYNTHIA SEMENOFF; BRIAN STARR AND DEBRA STARR; JEFFREY STEELE; NICOLE 16 STEELE; LAURA STEELE; LEN TURNER AND JAN TURNER; IRVIN URBANSKI AND 17 YOLANDA URBANSKI; KATHY URY; MARK VAN BUHLER; BOB WINGER AND NANCY 18 WINGER; JAMES WONG (deceased and for whom Yu-Sze Yen is empowered to act); and CHARLIN 19 YEN (collectively “Plaintiffs”). 20 21 DEFENDANTS 22 Defendants are: RONALD BUCHHOLZ; CHARICE FISCHER, formerly known and a.k.a., 23 Charice Buchholz; SOLOMON CAPITAL, INC., a Nevada corporation; RNC HOLDINGS, LLC, a 24 Nevada limited liability company; LUXURY DEVELOPMENT FUND, LLC, a Delaware limited 25 liability company; EQUITY ENTERPRISES, INC., a California corporation; EQUITY ENTERPRISES 26 NEVADA, INC., a Nevada corporation; ALABANZA, INC., formerly a California corporation; RDB 27 DEVELOPMENT, LLC, a Nevada limited liability company; and other commonly owned or named 28 entities (collectively “Defendants”). Case Num ber: C-08-03535 RM W Stipulation and Order for Dismissal Page 2 of 3 1 2 Dated: Signed as of/by April 1, 2014 /s/___________________________________ 3 STEVEN LEVY (and for Jeffrey Forster), attorneys 4 for Plaintiffs 5 6 Dated: Signed as of/by April 1, 2014 /s/___________________________________ 7 ANDREW AUGUST, attorney for Defendants 8 9 10 ORDER 11 Based on the foregoing stipulation of the Parties, and good cause appearing, 12 IT IS HEREBY ORDERED that Plaintiffs’ Fourth Amended Complaint and all causes of 13 action therein asserted against Defendants (Plaintiffs and Defendants as set forth in the Stipulation) are 14 dismissed with prejudice, The Parties to bear their respective costs and attorney’s fees. 15 16 Dated: ____________________________ 17 __________________________________ Honorable Ronald M. Whyte 18 19 20 21 22 23 24 25 26 27 28 Case Number: C-08-03535 RM W Stipulation and Order for Dismissal Page 3 of 3

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