Opinion
Case No. C 09-02492 JSW
10-03-2011
VERITAS-B MEZZ B7, LLC AS SUCCESSOR-IN-INTEREST TO CAPITAL TRUST, INC., Plaintiff, v. WALTER R. LEMBI, individually and as trustee of the WALTER AND LINDA LEMBI FAMILY TRUST DATED JUNE 30, 2004; FRANK E. LEMBI, individually and as trustee of the OLGA LEMBI RESIDUAL TRUST CREATED UNDER THE PROVISIONS OF PART THREE OF THE LEMBI FAMILY REVOCABLE TRUST DATED FEBRUARY 17, 1984, and as the trustee of the FRANK E. LEMBI'S TRUST DATED FEBRUARY 17, 1984; BILLIE SALEVOURIS, individually; BILLIE Z. SALEVOURIS, as trustee for THE BILLIE SALEVOURIS TRUST DATED AUGUST 23, 1983 AS RESTATED ON MAY 24, 2002; DAVID M. RAYNAL, individually and as trustee for the DAVID M. RAYNAL REVOCABLE TRUST DATED MAY 9, 2002; RALPH DAY AN, individually and as co-trustee for the AMENDED AND RESTATED DAYAN FAMILY REVOCABLE TRUST DATED DECEMBER 31, 1991, Defendants.
STEIN & LUBIN LLP Julie L. Fieber (SBN 202857) Attorneys for Plaintiff VERITAS-B MEZZ B7, LLC AS SUCCESSOR-IN- INTEREST TO CAPITAL TRUST, INC.
STEIN & LUBIN LLP
Julie L. Fieber (SBN 202857)
Attorneys for Plaintiff
VERITAS-B MEZZ B7, LLC AS SUCCESSOR-IN
INTEREST TO CAPITAL TRUST, INC.
STIPULATION AND [PROPOSED] ORDER REGARDING VOLUNTARY DISMISSAL WITH PREJUDICE [F.R.C.P. 41(a)]
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE
In accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff, Veritas-B Mezz B7, LLC as Successor-in-interest to Capital Trust, Inc., by and through its undersigned counsel, does hereby stipulate and agree to a voluntary dismissal with prejudice of all claims asserted against Defendants in the above-styled action. Each party agrees to bear their own attorneys' fees and costs.
STEIN & LUBIN LLP
Julie L. Fieber
Attorneys for Veritas-B Mezz B7, LLC, as Successor-in
interest to Plaintiff Capital Trust, Inc.
EDWARD C. SINGER JR.
Edward G Singer Jr.
Attorneys for Defendants
WALTER R. LEMB1, individually and as trustee of the
WALTER AND LINDA LEMBI FAMILY TRUST
DATED JUNE 30, 2004 and FRANK E. LEMBI,
individually and as trustee of the OLGA LEMBI
RESIDUAL TRUST CREATED UNDER THE
PROVISION OF PART THREE OF THE LEMBI
FAMILY REVOCABLE TRUST DATED FEBRUARY
17, 1984 and as the trustee of the FRANK E. LEMBI
SURVIVOR'S TRUST DATED FEBRUARY 17, 1984
FRIEDMAN DUMAS & SPRINGWATER LLP
Ellen Friedman
Attorneys for Defendants
BILLIE Z. SALEVOURIS, individually and as trustee
for THE BILLIE SALEVOURIS TRUST DATED
AUGUST 23, 1983 AS RESTATED ON MAY 24,
2002; DAVID M. RAYNAL, individually and as trustee
for the DAVID M. RAYNAL REVOCABLE TRUST
DATED MAY 9, 2002; RALPH DAY AN, individually
and as co-trustee for the AMENDED AND RESTED
DAYAN FAMILY REVOCABLE TRUST DATED
DECEMBER 31, 1991
In accordance with the above Stipulation of Voluntary Dismissal With Prejudice Pursuant to Rule 41(a),
IT IS HEREBY ORDERED AS FOLLOWS:
1. Plaintiffs complaint in the above-captioned action is DISMISSED in its entirety, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure;
2. Plaintiff's claims are dismissed with prejudice;
3. Each side shall bear its own attorneys' fees and costs, and all parties waive any right to seek attorneys' fees or costs incurred in connection with the above-captioned action.
Honorable Jeffrey S. White