First American Title Company v. Mid-Coast Realty Advisors, LLC et al

Filing 6

STIPULATION AND ORDER to Dismiss re 5 . Signed by Judge Jeremy Fogel on 4/10/09. (dlm, COURT STAFF) (Filed on 4/15/2009)

1 JOSEPH P. RUSSONIELLO United States Attorney 2 THOMAS M. NEWMAN (CTBN 422187) Assistant United States Attorney 3 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 4 San Francisco, California 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 08-5484-JF STIPULATION TO DISMISS

) 11 FIRST AMERICAN TITLE COMPANY, a California Corporation ) ) 12 Plaintiff, ) ) 13 v. ) ) 14 MID-COAST REALTY, et al., ) ) 15 Defendants. ) 16 ____________________________________) 17 18 The parties stipulate as follows: 1.

This is an interpleader action to determine the parties rights and interest to certain

19 proceeds. At the time of removal, the United States had an interest in the proceeds related to 20 certain tax debts of one of the parties. Consequently, the United States removed this action from 21 state court pending a determination related to the government's interests in proceeds from the 22 sale of certain property. 23 2. Prior to the filing of the United States' petitions for removal, this action had

24 previously been removed to federal bankruptcy court in San Jose, in the case styled as In re 25 Bardis, Case Number 08-34878 and adversary case number 08-5322. In that regard, the claims 26 are identical in both actions and the duplicate removal by the United States was unintended. 27 Counsel for the United States was not aware of the bankruptcy case (and prior removal) before 28 filing the second petition for removal. Stipulation Case No. 08-5484-JF -1-

1

3.

During the pendency of this action, the United States's interests in the inter-plead

2 proceeds have been reduced to zero because of an offsetting loss for a different year. Thus, the 3 United States no longer has any interest in the funds at issue and has disclaimed its interest. 4 4. In addition, the remaining parties claims will be litigated in the bankruptcy action,

5 which has the identical parties, legal issues, and is in fact the same case removed to the 6 bankruptcy court. 7 5. For that reason, the parties agree this action should be dismissed as the issues,

8 claims, and rights of the parties will be decided in the previously-removed bankruptcy case. 9 6. As part of this stipulation, the United States will serve a copy of this stipulation,

10 and the endorsed order should this be approved to each of the parties in the bankruptcy case. 11 12 13 14 15 16 17 18 19 Approved as to form and content: Date: 4/8/2009 Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney /s/ Thomas M. Newman THOMAS M. NEWMAN Assistant United States Attorney Tax Division

LAW OFFICES OF BRET R. ROSSI /s/Bret Rossi_______________________

20 Date:4/8/2009 21 22 23 24 25 26 27 28 Stipulation Case No. 08-5484-JF -2-

By BRET R. ROSSI, ESQ. Attorney for Frank G. Stathos

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 08-5484-JF --------P---S-----] ORDER [ PRO - O - ED

11 FIRST AMERICAN TITLE ) COMPANY, a California Corporation ) 12 ) Plaintiff, ) 13 ) v. ) 14 ) MID-COAST REALTY, et al., ) 15 ) Defendants. ) 16 ____________________________________) 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation Case No. 08-5484-JF -3-

In accordance with the parties' stipulation, this case is dismissed without prejudice. Defendant, the United States of America, is directed to serve a copy of this Order on each party that has not entered an appearance. IT IS SO ORDERED. 4/10 Dated: _______ __, 2009 __________________________ JEREMY FOGEL United States District Court Judge