Eden Garden, LLC et al v. IndyMac Venture, LLC et al

Filing 40

STIPULATION AND ORDER GRANTING Dismissal of Action With Prejudice pursuant to Federal Rules of Civil Procedure, Rule 41(a)(l)(A)(ii) re 38 Stipulation filed by IndyMac Venture, LLC. Motions terminated: 18 MOTION Motion to Expunge Lis Pendens filed by IndyMac Venture, LLC, 15 MOTION to Dismiss filed by Federal Deposit Insurance Corporation. The Clerk shall close this file. Signed by Judge Edward J. Davila on 12/21/2011. (ecg, COURT STAFF) (Filed on 12/21/2011)

1

A. KRISTINE FLOYD (BAR NO. 155930)
2 NICHOLAS S. SHANTAR (BAR NO. 228980)
ALLEN MATKINS LECK GAMBLE
3 MALLORY & NATSIS LLP
1900 Main Street, Fifth Floor
4 Irvine, California 92614-7321
Phone: [phone]
5 Fax: [phone]
E-Mail: [e-mail]
[e-mail]
6
7 Attorneys for Defendant and Counterclaimant
INDYMAC VENTURE, LLC
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9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

11 EDEN GARDEN, LLC, a California
limited liability company; ALI K.
12 AMIDY, an individual; GUITI
NAHAVANDI AMIDY, an individual;
13 CENTRA NET INVESTMENT LLC, a
California limited liability company,
14
Plaintiffs,
15
v.
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INDY MAC VENTURE, LLC, a limited
17 liability company; FEDERAL DEPOSIT
INSURANCE CORPORATION, as
18 Conservator of IndyMac Federal Bank,
FSB, and Does 1 through 10,
19
Defendants.
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Case No. 5-11-cv-02356-EJD
[PROPOSED] ORDER DISMISSING
ACTION WITH PREJUDICE
Complaint Filed: May 13, 2011

21 INDYMAC VENTURE, LLC, a limited
liability company,
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Counterclaimant,
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v.
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ALI K. AMIDY, an individual; GUITI
25 NAHAVANDI AMIDY, an individual;
CENTRA NET INVESTMENT LLC, a
26 California limited liability company,
Counterdefendants.

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LAW OFFICES

[PROPOSED] ORDER DISMISSING ACTION
WITH PREJUDICE

Allen Matkins Leck Gamble
Mallory & Natsis LLP

939613.01/OC

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This matter comes before the Court on the Stipulation For Dismissal of

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2 Action With Prejudice as to Plaintiffs Eden Garden, LLC, Ali K. Amidy, Guiti
3 Nahavandi Amidy, and Centra Net Investments LLC (collectively "Plaintiffs"), on
4 the one hand, and Defendants Indymac Venture, LLC ("IMV") and the Federal
5 Deposit Insurance Corporation as Receiver of Defendant IndyMac Federal Bank
6 FSB (sued incorrectly herein as Federal Deposit Insurance Corporation as
7 Conservator of IndyMac Federal Bank, FSB) (collectively, "Defendants"), on the
8 other hand. The Court being duly and fully advised now APPROVES the
9 Stipulation and orders as follows:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action,

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11 including all complaints and counter-complaints filed herein and each and every
12 claim for relief asserted in this action by Plaintiffs and IMV are hereby DISMISSED
13 WITH PREJUDICE, with each party to bear its/his/her own attorneys' fees and
14 costs.
15

IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that

16 the Court shall retain jurisdiction in order to protect, preserve, and implement the
17 settlement agreement that Plaintiffs and IMV entered into in connection with the
18 Stipulation for Dismissal previously filed by the parties, and shall retain jurisdiction
19 to enter such further orders as may be necessary or appropriate to administer and
20 implement the terms and provisions of the settlement agreement.
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The Clerk shall close this file.

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22 Dated: December __, 2011

Hon. Edward J. Davila
Judge, United States District Court

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28
LAW OFFICES

[PROPOSED] ORDER DISMISSING ACTION
WITH PREJUDICE

Allen Matkins Leck Gamble
Mallory & Natsis LLP

939613.01/OC

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2

CERTIFICATE OF SERVICE
The undersigned hereby certifies that: I am over the age of eighteen (18) and

3 not a party to the within action. I am employed in the law firm of Allen Matkins
4 Leck Gamble Mallory & Natsis LLP, 1900 Main Street, Fifth Floor, Irvine,
5 California 92614-7321.
6

On December 19, 2011, I used the Northern District of California's Electronic

7 Case Filing System, with the ECF registered to Nicholas S. Shantar to file the
8 following document:
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[PROPOSED] ORDER DISMISSING ACTION WITH

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PREJUDICE

11

The ECF system is designed to send an e-mail message to all parties in the

12 case, which constitutes service. The parties by e-mail in this case are found on the
13 Court's Electronic Mail Notice List.
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Notice has been given via First Class U.S. Mail and Electronic Mail to:
Ali Amidy
P.O. Box 369
Los Gatos, CA 95031
Electronic Mail: [e-mail]

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I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed on December 19, 2011, at Irvine, California.

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By:

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/s/Nicholas S. Shantar
NICHOLAS S. SHANTAR

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28
LAW OFFICES

[PROPOSED] ORDER DISMISSING ACTION
WITH PREJUDICE

Allen Matkins Leck Gamble
Mallory & Natsis LLP

939613.01/OC

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