Opinion
Case No. 1:12-cv-01098-LJO-JLT
05-07-2013
LAREN SALISBURY and KIM DOWNEY, Plaintiffs, v. ARTHUR E. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09-22-90; JAQUELINE D. HICKMAN, individually and AS TRUSTEE OF THE Hickman Family Trust Dated 09-22-90; JOSEPH TERMINI, individually and dba CHARTER REALTY AND PROPERTY MANAGEMENT; and UMBERTO CRIMI, Defendants.
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP Anthony N. DeMaria Attorneys for Defendants ARTHUR E. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09-22-90; JAQUELINE D. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09022090; JOSEPH TERMINI, individually and dba CHARTER REALTY AND PROPERTY MANAGEMENT GREATER BAKERSFIELD LEGAL ASSISTANCE, INC. Mark A. Roy Attorneys for Plaintiffs BRANCART & BRANCART Christopher Brancart Attorneys for Plaintiffs BORTON & PETRINI James J. Braze Attorneys for Defendants ARTHUR E. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09-22-90; JAQUELINE D. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09022090; JOSEPH TERMINI, individually and dba CHARTER REALTY AND PROPERTY MANAGEMENT and UMBERTO CRIMI
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
Anthony N. DeMaria, #177894
5 River Park Place East
Fresno, California 93720-1501
Telephone: (559) 433-1300
Facsimile: (559) 433-2300
Attorneys for Defendants ARTHUR E.
HICKMAN, individually and as trustee of the
Hickman Family Trust Dated 09-22-90;
JAQUELINE D. HICKMAN, individually and as
trustee of the Hickman Family Trust Dated
09022090; JOSEPH TERMINI, individually and
dba CHARTER REALTY AND PROPERTY
MANAGEMENT.
STIPULATION TO VACATE
JUDGMENT AND DISMISS COMPLAINT
WITH PREJUDICE FOR CASE AND
COMPLAINT OF PLAINTIFF KIM
DOWNEY; ORDER VACATING
JUDGMENT NON PRO TUNC AND
ENTERING DISMISSAL OF
COMPLAINT WITH PREJUDICE AS TO
PLAINTIFF KIM DOWNEY
Plaintiff, KIM DOWNEY, and defendants ARTHUR E. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09-22-90; JAQUELINE D. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09022090; JOSEPH TERMINI, individually and dba CHARTER REALTY AND PROPERTY MANAGEMENT, previously resolved this case by way of offer and acceptance of settlement under FRCP 68. By operation of FRCP 68, judgment was entered on the settlement offer. The parties now agree and so stipulate to VACATE the judgment, non pro tunc, and thereafter enter a Dismissal with prejudice as to the entire case and entire Complaint of KIM DOWNEY. A release shall be signed by KIM DOWNEY as to all defendants. The parties agree and stipulate that good cause exists therefore, and stipulate that the Court may and should enter the following Orders:
1. Vacate the Judgment entered pursuant to the FRCP 68 settlement, for the case of KIM DOWNEY, non pro tunc, as to all parties; and
2. Accept and enter the Dismissal with Prejudice of the entire case and Complaint of KIM DOWNEY, ordering KIM DOWNEY's Complaint Dismissed with Prejudice.
The parties agree that this Stipulation may be signed in counterpart, and each counterpart shall be deemed an original, and all counterparts so executed shall constitute one Stipulation, and further, that faxed signatures shall be valid and binding as original signatures.
The matter shall remain settled, but the settlement shall now be concluded upon a Release and Dismissal. This stipulation, and the stipulated Order, below, is only as to the action and Complaint of KIM DOWNEY, and does not affect the Complaint and action of LAREN SALISBURY. All parties are to bear their own costs and attorneys' fees. The parties thank the Court for the same. The parties stipulate and agree that the Court execute and enter the Order included herein.
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
By: __________________________
Anthony N. DeMaria
Attorneys for Defendants ARTHUR E. HICKMAN,
individually and as trustee of the Hickman Family
Trust Dated 09-22-90; JAQUELINE D.
HICKMAN, individually and as trustee of the
Hickman Family Trust Dated 09022090; JOSEPH
TERMINI, individually and dba CHARTER
REALTY AND PROPERTY MANAGEMENT
GREATER BAKERSFIELD LEGAL
ASSISTANCE, INC.
By: __________________________
Mark A. Roy
Attorneys for Plaintiffs
BRANCART & BRANCART
By: __________________________
Christopher Brancart
Attorneys for Plaintiffs
BORTON & PETRINI
By: __________________________
James J. Braze
Attorneys for Defendants ARTHUR E. HICKMAN,
individually and as trustee of the Hickman Family
Trust Dated 09-22-90; JAQUELINE D.
HICKMAN, individually and as trustee of the
Hickman Family Trust Dated 09022090; JOSEPH
TERMINI, individually and dba CHARTER
REALTY AND PROPERTY MANAGEMENT and
UMBERTO CRIMI
ORDER TO VACATE JUDGMENT ENTERED IN FAVOR OF KIM DOWNEY,
NON PRO TUNC, AND DISMISS WITH PREJUDICE THE ENTIRE COMPLAINT OF
KIM DOWNEY WITH PREJUDICE
Based Upon the Stipulation of counsel and good cause appearing therefore, the Court hereby ORDERS that the judgment entered pursuant to the FRCP 68 settlement in favor of KIM DOWNEY as to ARTHUR E. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09-22-90; JAQUELINE D. HICKMAN, individually and as trustee of the Hickman Family Trust Dated 09022090; JOSEPH TERMINI, individually and dba CHARTER REALTY AND PROPERTY MANAGEMENT, a copy of which is attached hereto as Exhibit "A", entered on December 17, 2012, is VACATED in its entirety, non pro tunc.
Further, based upon the stipulation of counsel, the Court hereby ORDERS that the Complaint of KIM DOWNEY IS DISMISSED WITH PREJUDICE in its entirety, as to all defendants and all parties, further, all parties to bear their own costs, fees and attorneys' fees.
The Complaint of LAREN SALISBURY shall remain active and is not dismissed. The clerk is directed not to close this action. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE