Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

POLYGON SHELTER, INC. v. MAKALLON LA JOLLA PROPERTIES

United States District Court, S.D. California


October 11, 2005.

Polygon Shelter, Inc., Plaintiff,
v.
Makallon La Jolla Properties, LLC, Makar Properties, LLC, Makar Holdings, LLC, Defendants. Makallon La Jolla Properties, LLC, a Delaware limited liability company, Makar Properties, LLC, Makar Holdings, LLC, Counter-Claimant, v. Polygon Shelter, Inc., a Washington corporation; Legacy Partners, LLC, a California limited liability company; Fidelity National Title Insurance Company, a California corporation; Werner K. Paulus, an individual, and DOES 1 through 100, inclusive, Counterclaim-Defendants.

The opinion of the court was delivered by: ROGER BENITEZ, District Judge

STIPULATION OF DISMISSAL AND FOR RELEASE OF CASH DEPOSIT AND [PROPOSED] ORDER
IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that plaintiff's First Amended Complaint and cross-complainant's Second Amended Cross-Complaint are dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41 (a) (1).

  IT IS FURTHER STIPULATED by and between the parties to this action through their designated counsel that pursuant to Federal Rule of Civil Procedure 41 (a) (1) (ii) and Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) the terms of that certain confidential Global Settlement and Mutual General Release Agreement dated effective as of October 5, 2005, are incorporated by reference into this Order and consequently after dismissal of this action, this Court retains jurisdiction over this matter to enforce all terms of the Release and Settlement Agreement.

  IT IS FURTHER STIPULATED by and between the parties to this action through their designated counsel that pursuant to Federal Rule of Civil Procedure 41 (a)(2) and Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994), after dismissal of this action, this Court retains jurisdiction over this matter to enforce all terms of the Global Settlement and Mutual General Release Agreement.

  IT IS FURTHER STIPULATED by and between the parties through their designated counsel that the cash deposit tendered to the court in this matter by Fidelity National Title Insurance Company shall be released subject to any applicable fees to Polygon Shelter, Inc. and sent to counsel for plaintiff, Christopher S. Reeder, Esq., Kaye Scholer, LLP, 1999 Avenue of the Stars, Suite 1700, Los Angeles, California 90067. It is hereby ORDERED that:

1. The First Amended Complaint and Second Amended Counterclaim are dismissed with prejudice.
2. Pursuant to Civil Procedure 41 (a) (1) (ii) and Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994) the terms of the confidential Global Settlement and Mutual General Release Agreement are incorporated by reference into this Order and consequently after dismissal of this action this Court retains jurisdiction over this matter to enforce all terms of the Global Settlement and Mutual General Release Agreement. 3. Pursuant to Federal Rule of Civil Procedure 41 (a) (2) and Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994), after dismissal of this action this Court retains jurisdiction over this matter to enforce all terms of the Global Settlement and Mutual General Release Agreement.
4. The clerk is hereby directed to release the cash deposit tendered to the court in this matter by Fidelity National Title Insurance Company, less any applicable fees, by a check made payable to "Polygon Shelter, Inc." and sent to counsel for plaintiff, Christopher S. Reeder, Kaye Scholer, LLP, 1999 Avenue of the Stars, Suite 1700, Los Angeles, California 90067.
20051011

© 1992-2005 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.