Opinion
DOWNEY BRAND LLP, KEVIN M. SEIBERT, THOMAS E. MARRS, Sacramento, CA, Attorneys for Plaintiff, TRI-DAM.
KATHLEEN CLACK, Attorney for Defendants, RICHARD SCHEDIWY and LAURA STRAUSS.
STIPULATION AND FORM OF FINAL JUDGMENT
ANTHONY W. ISHII, Senior District Judge.
Plaintiff Tri-Dam ("Tri-Dam") and defendants Richard Schediwy and Laura Strauss ("Defendants"), (collectively, the "Parties"), by and through their respective counsel of record, hereby submit the following Stipulation and Proposed Form of Final Judgment.
STIPULATION
1. On September 9, 2011, Tri-Dam filed its First Amended Complaint against Defendants, seeking a permanent injunction requiring, among other things, Defendants to remove improvements, including a retaining wall, that were installed in a manner that was inconsistent with Tri-Dam approval.
2. On March 6, 2014, the Court granted Tri-Dam's motion for summary judgment and entered a permanent injunction requiring, among other things, Defendants to demolish the retaining wall on their property consistent with plans approved by Tri-Dam.
3. Defendants subsequently demolished the retaining wall on their property consistent with plans approved by Tri-Dam.
4. On February 19, 2015, the Parties provided a Joint Status Update to the Court.
5. There being no further matters before the Court, the Parties respectfully request that the Court enter the proposed form of judgment attached as Exhibit A as the Court's final judgment in this matter.
6. The Court should retain jurisdiction to enforce its previously entered permanent injunction.
IT IS SO STIPULATED.
ORDER
Based on the parties' stipulation, and good cause being shown, IT IS SO ORDERED. The Clerk of the Court is directed to enter the proposed form of judgment attached as Exhibit A as the Court's final judgment in this matter. The Court shall retain jurisdiction to enforce the final judgment. The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
EXHIBIT A
JUDGMENT IN A CIVIL ACTION
The court has ordered that (check one) :
[ ] the plaintiff (name) ____________________________________ recover from the defendant (name) _______________________________________________the amount of ________________________________________ dollars ($ _______), which includes prejudgment interest at the rate of _______ %, plus post judgment interest at the rate of ______ % per annum, along with costs.
[ ] the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) __________ _____________________ recover costs from the plaintiff (name) _______________________________________________ _________________________.
[✓] other: a permanent tnjunction be entered against Defendants consistent with the terms of the Court's March 6, 2014 order, as modified by its May 5, 2015 order.
This action was (check one) ;
[ ] tried by a jury with Judge _______________________________ presiding, and the jury has rendered a verdict.
[ ] tried by Judge __________________________________ without a jury and the above decision was reached.
[✓] decided by Judge Anthony W. Ishii on a motion for summary judgment filed by Plaintiff Tri-Dam.