Opinion
D. Greg Durbin, John M. Dunn, Ben Nicholson, McCormick, Barstow, Sheppard, Wayte & Carruth LLP, Fresno, California, Attorneys for Plaintiffs, Defendants and Cross-Defendants, FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and Defendant and Cross-Defendant ANDREW KATAKIS.
Janlynn R. Fleener, DOWNEY BRAND LLP, Attorneys for Defendants, STANLEY FLAKE, individually, as Trustee of the Julie Insurance Trust, as Trustee of the Capstone Trust, and as trustee of the F. Hanse Trust.
STIPULATION AND ORDER FOR DISMISSAL BETWEEN PLAINTIFFS AND CERTAIN DEFENDANTS ONLY [FRCP Rule 41(a)(2)]
ANTHONY W. ISHII, Senior District Judge.
STIPULATION
NOW COMES Plaintiffs Fox Hollow of Turlock Owners' Association ("Fox Hollow HOA") and California Equity Management Group, Inc. ("CEMG") (collectively the "Plaintiffs"), and Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M. Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust, (collectively the "Flake Defendants"), and hereby stipulate and agree pursuant to a Confidential Settlement Agreement and Mutual General Releases, dated effective July 17, 2015, that the within action, as to the Flake Defendants, and only as to the Flake Defendants, be dismissed with prejudice with the Court retaining jurisdiction to enforce the settlement, and with the action, except as so dismissed, continuing as to the defaulted defendants on the Consolidated Amended and Supplemental Complaint filed herein on July 20, 2010 (Docket #410).
ORDER
Upon the stipulation of Plaintiffs Fox Hollow of Turlock Owners' Association ("Fox Hollow HOA") and California Equity Management Group, Inc. ("CEMG") (collectively the "Plaintiffs"), and Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M. Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust, (collectively the "Flake Defendants"), pursuant to the Confidential Settlement Agreement and Mutual Genreal Releases, dated effective July 17, 2015, and good cause appearing:
IT IS HEREBY ORDERED that the dismissal with prejudice of Defendants Stanley M. Flake, Stanley M. Flake, as Trustee of the Julie Insurance Trust, Stanley M. Flake, as Trustee of the Capstone Trust, and Stanley Flake, as Trustee of the F. Hanse Trust, and each of them, be entered herein, with the Court retaining jurisdiction to enforce the settlement, and with the action, except as so dismissed, continuing as to the defaulted defendants on the Consolidated Amended and Supplemental Complaint filed herein on July 20, 2010 (Docket #410).
IT IS SO ORDERED.