Sherles v. Foley Agency, Inc et al

Filing 34

STIPULATION AND ORDER TO DISMISS WITH PREJUDICE AND WITHOUT COSTS by Hon. Mary Alice Theiler, re the parties' 33 Stipulation. (KMP)

HONORABLE MARY ALICE THEILER

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MACHELL SHERLES, as Successor Executor
and Trustee in the ESTATE OF ANN R. RULE,
King County, Washington Probate Cause No.
15-4-04420-3 KNT

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CASE NO. 2:18-CV-00016-MAT
[PROPOSED] STIPULATED MOTION TO
DISMISS WITH PREJUDICE AND
WITHOUT COSTS

Plaintiff,
v.
FOLEY AGENCY, INC. a New York
corporation, and JOANN FOX, a Florida
Resident
Defendants.

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STIPULATION

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The parties to this action, consisting of Plaintiff, Machell Sherles, the Successor
Executor and Trustee of the Rule Estate (Plaintiff) and Defendant, JoAnn Fox, a married
individual (Defendant) through their undersigned counsel of record, stipulate and agree:
1.

The parties hereto have entered into a Settlement Agreement, a copy of

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which is attached hereto and is made a part hereof. As a part of the Settlement Agreement, the

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parties have acknowledged and agreed that the agency relationship between the Ann Rule
STIPULATION AND ORDER OF DISMISSAL WITH
PREJUDICE
2:18-CV-00016-MAT
Page 1 of 3

LYNCH & FOLEY, P.C.
7 WASHINGTON STREET
MIDDLEBURY, VERMONT 05753
T: [phone] • F: [phone]

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Estate and Joan Foley, d.b.a. Foley Agency is terminated. The Settlement Agreement directs

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that the publishers of Ann Rule works pay to the Estate of Ann Rule all royalties due from the

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sale of her books and which were withheld pending the resolution of the dispute as to agency.

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2.

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Defendant JoAnn Fox is relieved of any further accounting to the Estate

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of Ann Rule and has no further obligations to pay to the Estate of Ann Rule royalties

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previously received from the Ann Rule publishers and may retain agency fees retained by her

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as earned fees.

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3.

A copy of the Settlement Agreement shall be filed in the Estate of Ann

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Rule, King County, Washington Probate Cause No. 15-4-04420-3 KNT and the Estate of Joan
Foley, Surrogate’s Court of the State of New York, County of New York, File No. 2016-2112.

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4.

The Complaint herein and this action shall be dismissed forthwith with

prejudice and without fees or costs to any party.
Respectfully Submitted on August 2, 2018
For Plaintiff

For Defendant JoAnn Fox

/s/ Rex B. Stratton
Rex B. Stratton, WSBA No. 1913
7 Washington Street
Middlebury, VT 05753
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

/s/ Diana S. Hill
Diana S. Hill, WSBA No. 36610
1900 Nickerson St., Ste. 215
Seattle, WA 98119
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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STIPULATION AND ORDER OF DISMISSAL WITH
PREJUDICE
2:18-CV-00016-MAT
Page 2 of 3

LYNCH & FOLEY, P.C.
7 WASHINGTON STREET
MIDDLEBURY, VERMONT 05753
T: [phone] • F: [phone]

ORDER

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This matter having come before this Court on the foregoing Stipulation of the parties by
and through their undersigned counsel of record and the Court being fully advised in the
premises, it is hereby:

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ORDERED that the Settlement Agreement of the parties be entered into the record of

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this Court and shall be filed in the Estate of Ann Rule, King County, Washington Probate Cause

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No. 15-4-04420-3 KNT and the Estate of Joan Foley, Surrogate’s Court of the State of New

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York, County of New York, File No. 2016-2112; and be it

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FURTHER ORDERED that the Complaint herein and this action be and the same is
hereby DISMISSED WITH PREJUDICE and without fees or costs of any party.
DATED: August 2, 2018.

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A

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Mary Alice Theiler
United States Magistrate Judge

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STIPULATION AND ORDER OF DISMISSAL WITH
PREJUDICE
2:18-CV-00016-MAT
Page 3 of 3

LYNCH & FOLEY, P.C.
7 WASHINGTON STREET
MIDDLEBURY, VERMONT 05753
T: [phone] • F: [phone]