Opinion
Case No. C 02 4974 SC ARB.
June 30, 2003
Jack V. Valinoti, C. Timothy O'Malley, Leland, Parachini, Steinberg, Matzger Melnick, LLP, San Francisco, Attorneys for Plaintiff.
Jeffrey R. Townsend, Burnham Brown, Attorney for Defendant.
STIPULATION AND ORDER OF DISMISSAL
WHEREAS, on May 27, 2003, defendant MARTI 0. DAVIS ("Davis") executed that certain Mutual Release and Settlement/Workout Agreement ("Agreement"); and
WHEREAS, on May 30, 2003, Davis made the Settlement Payment required by the Agreement; and
WHEREAS, on June 3, 2003, plaintiff USAA FEDERAL SAVINGS BANK ("USAA") executed the Agreement; and
WHEREAS, USAA has reinstated the Promissory Note and Security Agreement pursuant to the Agreement; and
WHEREAS, Davis and USAA have executed the stipulated judgments required by the Agreement,
IT IS HEREBY STIPULATED by and between USAA and Davis, through their designated counsel, that the above-captioned action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1).
ORDER
Pursuant to Stipulation, IT IS SO ORDERED.