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Haddad v. Jackson

September 9, 2008

OHN HADDAD PLAINTIFF/CROSS-DEFENDANT,
v.
CHRIS JACKSON, NANCY HOLMAN, DEFENDANTS/CROSS-COMPLAINANTS.



The opinion of the court was delivered by: Oliver W. Wanger, Judge OF The United States District Court

STIPULATION TO MUTUAL INJUNCTION AND; ENFORCEMENT REMEMIES AND ORDER THEREON

Plaintiff and Cross-Defendant, JOHN HADDAD (hereinafter "HADDAD"), by and through his attorney H. Ty Kharazi, Esq. of Kharazi & Sirabian, and Defendants and Cross-Complainants, CHRIS ACKSON and NANCY HOLMAN (hereinafter "JACKSON/HOLMAN"), by and through their attorney Richard O. Middlebrook, Esq. of Richard O. Middlebrook, A Professional Corporation, herein stipulate as ollows:

1. AGREEMENT TO ENTER INTO STIPULATION

The parties agree to enter into a tipulation for mutual injunctive orders with remedies specifically as outlined in this document subject to pproval of the U.S. Judge presiding over this matter. The parties specifically waive further redress of grievances and any legal remedial rights they may have by law if not contained herein this Agreement hereinafter "Agreement"). "Action" is defined by the case filed in the United States District Court, Eastern District of California, Fresno Division under Case No. 1:07-CV-01676-OWW-DLB wherein Haddad is the Plaintiff/Cross-Defendant and Jackson/Holman are the Defendants/Cross-Complainants.

2. PARTIES DEFINED

Parties, as defined in Agreement, include HADDAD and ACKSON/HOLMAN. The parties agree and hereby stipulate to add Nancy Hollman as a defendant and ross-complainant in this matter. However, the parties shall be held responsible in Agreement for actions aken on their behalf or at their direction by directors, officers, shareholders, agents, servants, epresentatives, employees, assigns and attorneys of each of them, separately and collectively.

3. INJUNCTIVE ORDER AGAINST DEROGATORY WORDS AND ACTIONS

Neither party shall make derogatory comments, gestures or noises to or about the other party within the other party's presence or earshot, or allow others in their presence to do so. All parties shall direct their mployees and guests to refrain from such derogatory comments, gestures and noises, and shall take esponsible action to insure that such derogatory comments, gestures and/or noises shall not occur.

4. NO PHOTOGRAPHY OR VIDEO RECORDING

The parties shall not videotape or photograph each other unless it is to prove a violation of this injunctive order. Each party's stationary urveillance of their own respective property is allowed. Neither party shall use stationary surveillance of he other party's property. The purpose of this provision is to prohibit harassment.

5. NOISE VIOLATIONS

Neither party shall cause any noise to emanate from their property that can be heard 150 feet or more away from 9:00 p.m. to 6:00 a.m. weekdays and 10:00 p.m. o 6:00 a.m. on weekends. In the event there is a social gathering or other large event at either party's property which is likely to violate this provision, such party shall notify the other party 72 hours in dvance of the event in a manner likely to provide notice of the event or gathering.

6. TRESPASS

Neither party shall trespass on the other party's property or allow others to do so, nor permit debris or other items of personal property owned or controlled by them, to be placed on he other party's property.

7. DAMAGE

Neither party shall intentionally damage the other party's property. 8. HARASS: Neither party shall harass, annoy, vex, threaten, strike, harm, or impede the progress of the other party.

9. ANIMALS

Neither party shall harm or take any action that will foreseeably harm the other party's animals. If either party's animals shall stray onto the other party's property, the animals will be returned forthwith. If the animals cannot be returned forthwith, the party onto whose property the nimals have strayed shall notify the other party immediately.

10. UTILITIES

The parties agree to stay away from each other's phone boxes. JACKSON will not volunteer to do PG&E work on HADDAD's properties and if requested JACKSON will inform PG&E that he is not permitted to enter onto HADDAD's properties as a result of this mutual agreement.

11. OFF-PROPERTY WORK

If either HADDAD or JACKSON/HOLMAN proposes to do work outside of their property boundaries, they shall first provide to the other party with at least 15 days written notice of the nature, scope and proposed commencement date of the work. If a party objects to he work, they shall contact the arbitrator within three (3) business days and arbitration shall commence within 30 days, and no work shall commence until the arbitrator's decision is rendered.

12. SHEET METAL FENCING

All sheet metal fencing and spray painted signs on the ence near the property line between Round Mountain Road and Kern River by HADDAD's property will be removed. All pallets, metal tanks and debris shall be moved away from the HADDAD -- ACKSON/HOLMAN fence line. No new signs will be installed on the new wall or any other fences between the parties' respective properties.

13. LIGHTS

All lights under the control of either party shall not be directed to shine on the dwelling or property of the other party.

14. DUST AND STANDING WATER

Each party agrees to take reasonable steps to liminate unreasonable dust and standing water (e.g., watering ground before using or working the ...


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