LAW OFFICES OF S. CHANDLER VISHER S. Chandler Visher (California State Bar No. 52957) 44 Montgomery Street, Suite 3830 San Francisco, California 94104 Telephone: (415) 901-0500 Facsimile: (415) 901-0504 Email: firstname.lastname@example.org Attorneys for plaintiff Natomas Gardens Investment Group LLC
STIPULATION FOR VOLUNTARY DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 4 (a) (1)(A)(ii) AND ORDER AND RELATED COUNTERCLAIMS TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii), Plaintiff NATOMAS GARDENS INVESTMENT GROUP, LLC (hereinafter referenced as "Natomas"), by and through its counsel, and all defendants (except Baljit and Harinder Johl, and Gus Galaxidas who previously were dismissed from this action), including John G. Sinadinos, Stanley J. Foondos, Stephen Foondos, Village Capital Group LLC, Vintage Creek LLC, South Watt & Florin Partners, Chi-Sac Village Capital Investors LLC, Chi-Sac Florin Vineyards, Caselman & Carlisle Partners, Chi-Sac Vintage Creek Investors, Inc., Chi-Sac Gap Investors, Prime Minister Group LLC, Park Ridge Investments LLC, Chi-Sac South Sutter Investors, Chi-Sac White Rock 402 Filed 08/27/12 Page 2 of 4 150 Investors LLC, Chicago South Watt Investors, LLC, Chicago Infill Investors LLC, Stewart Title Company, Glenn Sorensen, Jr., Stockton & 65th, LP, Larry Deane, and Margarida Leavitt, by and through their undersigned counsel (except Margarida Leavitt who has appeared in pro per in the action and Stewart Title of Sacramento who is now appearing in pro per), stipulate to the dismissal of all claims asserted by Natomas in the second amended complaint as follows:
WHEREAS, plaintiff Natomas has entered into entered into a settlement agreement attached hereto as Exhibit A with all remaining defendants;
WHEREAS,plaintiff Natomas entered into a settlement agreement with Stewart Title of Sacramento on July 15, 2010, attached hereto as Exhibit B;
WHEREAS,defendants Baljit and Harinder Johl were previously dismissed from this action via a motion to dismiss which was granted on May 12, 2009 (Docket # 123);
WHEREAS, defendant Gus Galaxidas was previously dismissed from this action pursuant to stipulation on July 29, 2009 (Docket # 155);
WHEREAS, the terms of the settlement agreements with all remaining defendants require Natomas to dismiss all of its claims asserted in this action;
WHEREAS, defendant and counterclaimant Larry Deane has also agreed to the settlement and, pursuant thereto, agrees to dismiss all claims asserted in his counterclaim;
WHEREAS, all parties stipulate to (i) the dismissal of Natomas' second amended complaint and all claims asserted therein as to all remaining defendants, and (ii) to the dismissal of the counterclaim filed by Larry Deane.
It is hereby stipulated by and between Natomas Gardens Investment Group, LLC (and for itself alone) and all remaining defendants, listed above, to this action that the Second Amended Complaint filed by Natomas Gardens Investment Group, LLC and all claims asserted therein, and the counterclaim filed by defendant Larry Deane and all claims asserted therein, be DISMISSED WITH PREJUDICE.
Based on the stipulation of the parties pursuant to Federal Rule of Civil Procedure, Rule 41(a)(1)(A)(ii), Natomas Gardens Investment Group LLC's second amended complaint and all claims asserted therein, and the counterclaim ...