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Golden Gate Way, LLC, A California Limited Liability Company v. Jeanne Stewart

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION


January 10, 2012

GOLDEN GATE WAY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
JEANNE STEWART, JEANNE'S HAMLIN CLEANERS, JEANNE STEWART DBA HAMLIN CLEANERS, TOMMY LEE STEWART, LEONARD A. GROSS, LEONARD A. GROSS PROFESSIONAL CORPORATION, MARTINO FAMILY TRUST, PAULINE F. KIDWELL AND GERALD MARTINO, TRUSTEES, ESTATE OF RONALD MONROE, DECEASED, ESTATE OF MATTHEW MONROE, DECEASED AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge Donna M. Ryu California Court for the Northern District of

HANSON BRIDGETT LLP CATHERINE W. JOHNSON, SBN 135070 2 cjohnson@hansonbridgett.com JOHN CU, SBN 207402 3 jcu@hansonbridgett.com 425 Market Street, 26th Floor 4 San Francisco, California 94105 Telephone: (415) 777-3200 5 Facsimile: (415) 541-9366 6 Attorneys for Plaintiff Golden Gate Way, LLC and Cross-Defendants William Peacock and 7 Yolanda Peacock 8

Assigned for All Purposes to Magistrate Judge Honorable Donna M. Ryu, Ctrm 4, 3rd Fl.

STIPULATION AND (PROPOSED) ORDER DISMISSING MARTINO DEFENDANTS AS MODIFIED AND RELATED CROSS-CLAIMS AND COUNTER-CLAIMS

In light of submission by Defendants Pauline Kidwell and Gerald Martino, Trustees 27 for the Martino Family Trust's ("Martino Defendants") Motion for Summary Judgment, 28 particularly their allegation and submitted supporting affidavits, declarations, and evidence that they, as trustees, did not become trustees of the Martino Family Trust until 2 1999, Plaintiff Golden Gate Way, LLC, Cross-Complainant William Peacock and Yolanda 3 Peacock, and the Martino Defendants have resolved their dispute at this time. Therefore, 4 the Parties, 5

HEREBY STIPULATE AND AGREE, by their respective attorneys, that the Martino 6 Defendants and all claims alleged against them as set forth in Plaintiff's Second 7 Amended Complaint and Cross-Complainant William Peacock's and Yolanda Peacock's 8 Cross-Complaint shall be dismissed without prejudice pursuant to Rule 41(a)(1) of the 9 Federal Rules of Civil Procedure, each affected party to bear its (his or her) own 10 attorneys' fees and costs of suit.

DATED: January 5, 2012

HANSON BRIDGETT LLP

I, John T. Cu, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER.

In compliance with General Order 45.X.B., I hereby attest that all counsel has concurred in this filing

Motion for Summary Judgment (Docket No. 235) is DENIED as moot.

TES DISTRIC PURSUANT TO STIPULATION, IT IS SO ORDERED. A T C

IT IS SO ORDERED

Ryu A Magistrate Judge of the U.S. District I Honorable Donna

MODIFIED

20120110

© 1992-2012 VersusLaw Inc.



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