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John Haddad v. Chris Jackson

February 15, 2012


H. Ty Kharazi, Esq.; SBN 187894 YARRA,KHARAZI & ASSOCIATES 2 1250 Fulton Mall Fresno, CA 93721 3 Tel: (559) 441-1214 4 Fax: (559) 441-1215 Richard Middlebrook,; SBN 167723 Law Offices of Richard O. Middlebrook, APC 6 5201 California Ave Ste 450 7 Bakersfield, CA 93309 Tel: (661) 636-1333 8 Fax: (661) 636-1343 9



WHEREAS The parties, as set forth herein, below had agreed to enter into a stipulation for mutual injunctive orders with remedies ("Stipulation") and;

WHEREAS The Stipulation was signed by the Court on September 11, 2008;

WHEREAS The Stipulation was thereafter reduced to judgment by the Court on September 16, 2 2008 by order of the Honorable Judge Oliver W. Wanger ("Judgment");

WHEREAS The Parties thereafter participated in arbitration under the terms of the Judgment with 4 arbitrator Kenneth Byrum finding in favor of Jackson/Hollman and against Haddad awarding 5 Jackson/Hollman $260,337.50 on December 17, 2009 ("Award"); 6 7

WHEREAS Haddad filed a motion to vacate the Award before this Court which was denied by the 8 Court on July 16, 2010 ("Denial"); 9

WHEREAS Haddad filed an appeal of the Court's denial of motion to vacate Award to the United States Court of Appeals for the 9th Circuit as case number 10-16776 on August 11, 2010 ("Appeal");

WHEREAS The Parties, in order to resolve Haddad's Appeal, engaged in mediation with the 9th Circuit Court of Appeals Mediator enter into this Stipulated Amended Judgment as follows:


NOW THEREFORE The Parties specifically waive further redress of grievances and any legal remedial rights they may have by law if not contained in this Stipulated Amended Judgment under the following terms, injunctions, and remedies set forth herein, including dismissal of Appeal as set forth below.

1. PARTIES TO THE LITIGATION: The Parties as identified in this paragraph and consistent with the caption above, agree that the orders entered herein and as approved by the District Court shall affect and be binding on John Haddad ("Haddad"), Chris Jackson ("Jackson") and Nancy Hollman ("Hollman"). The Parties agreed and it is hereby ordered that Nancy Holman remains a defendant and cross-complainant in this matter. Moreover, the Parties shall be held responsible for actions taken at their direction by agents, servants, representatives, and assigns of each of them.

2. TERMS OF PAYMENT AND CREDIT: John Haddad shall pay Chris Jackson, Nancy Hollman and their attorney Richard O. Middlebrook, A Professional Corporation, jointly the sum of One 2 2 Hundred Fifty Five Thousand Dollars ($155,000) in US tender i.e. bank draft and grant a Credit to 2 satisfy the Award of the arbitrator which is subject the Appeal ("Payment"). The Credit awarded to 3 Jackson/Hollman shall be in the amount of One Hundred Fifteen Thousand Dollars ($115,000) 4 which may be used in the future arbitrations, should an award be made against Jackson and/or 5 Hollman ("Credit"). However, said credit may not be used by Jackson or Hollman to offset any 6 7 damage arbitrator may find against them arising out of any acts which were determined to be 8 intentional, wanton, and committed with a reckless disregard for the safety and security of Haddad 9 and/or his property. The Payment shall be due and payable in immediately available funds on or before January 14, 2012 or after approval by the District Court whichever occur last. Should payment not be made as contemplated herein, Haddad shall pay interest at the rate of 1% per month until paid in full. Time is of the essence. In the event the court does approve this agreement by on or before February 15 , 2012 and, should full payment not be made by March 1st, 2012 the parties agree at Jackson/Hollman's election, that the entire Award shall be reduced to judgment together with legal interest accruing from December 17, 2009.

3. DISMISSAL OF APPEAL: The parties shall jointly file a conditional dismissal of the Appeal with the 9th Circuit Court of Appeals without prejudice to allow for jurisdiction to be conferred upon the District Court. Once that dismissal without prejudice has been filed, this Stipulated Amended Judgment will be submitted to the District Court for its approval. Once the District Court executes the Stipulated Amended Judgment, then the appeal remains dismissed. Each party agrees to bear their own costs and fees for the Appeal upon passing of all conditions set forth herein.

4. 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 within their presence. All Parties shall direct their employees and guests to refrain from such derogatory comments, 3 3 gestures and noises, and shall take reasonable actions to insure that such derogatory comments, 2 gestures and/or noises shall not occur. 3

5.NO PHOTOGRAPHY OR VIDEO RECORDING: The Parties shall not videotape or 4 photograph each other or each other's property unless it is to prove a violation of this injunctive 5 order. Each Party's stationary surveillance of their own respective property is allowed. Neither 6 7 Party shall fix their stationary surveillance camera on ...

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