Opinion
Che L. Hashim, Esq. San Francisco, CA Attorney for Plaintiffs THOMAS WAGNER TAMMY WAGNER
Ted Daniel Wood Office of the City Attorney City of Stockton Stockton, CA Attorney for Defendants.
STIPULATION AND ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE AS TO: DEFENDANTS CITY OF STOCKTON AND BLAIR ULRING
TROY L. NUNLEY, District Judge.
On July 2, 2012 a Notice of Automatic Stay pursuant to 11 U.S.C. § 362(a) was filed following the CIty of Stockton's entrance into a Chapter 9 bankruptcy proceeding (Case No XXXX-XXXXX) in the United States Bankruptcy Court for the Eastern District of California.
On April 15, 2015 this matter was stayed pending the conclusion of of the City of Stockton's bankruptcy proceeding.
On February 4, 2015, the Bankruptcy Court entered its Confirmation Order with an effective date of February 25, 2015.
Plaintiffs did not file a Proof of Claim in the Bankruptcy Court and therefore claims against the City of Stockton, and Defendant Blair Ulring were discharged pursuant to the confirmed Plan of Adjustment.
Plaintiffs have agreed to dismiss this entire action as to the City of Stockton, and Defendant Blair Ulring in exchange for an agreement by the City of Stockton to waive their right to recover litigation costs for the dismissed causes of action.
IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and through their respective attorneys that plaintiffs' entire case shall be dismissed with prejudice as to the City of Stockton, and Defendant Blair Ulring.
IT IS THEREFORE STIPULATED by and between all parties to this stipulation, by and through their respective attorneys that the City of Stockton, and Defendant Blair Ulring agree to waive their right to recover litigation costs for the dismissed causes of action.
ORDER
The Court, having considered the foregoing stipulation of the parties, and good cause appearing therefor, the Court hereby orders that all of plaintiff's claims against Defendant City of Stockton, and Blair Ulring are hereby dismissed with prejudice. The Court further orders that, by stipulation, the Defendants City of Stockton and Blair Ulring hereby waive recovery of costs of litigation as tot he dismissed claims for relief.