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Fredianelli v. Jenkins

United States District Court, Ninth Circuit

November 26, 2013

ANTHONY FREDIANELLI, Plaintiff,
v.
STEPHAN JENKINS, et al., Defendants. STEPHAN JENKINS, an Individual; 3EB TOURING, INC., a California Corporation; THIRD EYE BLIND, INC., a California Corporation; and STEPHAN JENKINS PRODUCTIONS, INC., a California Corporation, Defendant/Counterclaimants,
v.
ANTHONY FREDIANELLI, an Individual, Plaintiff/Counterdefendant.

ABBEY, WEITZENBERG, WARREN & EMERY, MITCHELL B. GREENBERG, Esq., State Bar 114878, STEPHANIE WALKER, Esq., State Bar 252464, Santa Rosa, CA, Attorneys for Defendants and Counterclaimants, STEPHAN JENKINS, an Individual; BRADLEY HARGREAVES, an Individual; STEPHAN JENKINS PRODUCTIONS, INC.; 3EB TOURING, INC.; AND THIRD EYE BLIND, INC.

Joseph W. Singleton, Attorney for Plaintiff, ANTHONY FREDIANELLI.

STIPULATION AND [PROPOSED] ORDER REGARDING CASH DEPOSIT IN LIEU OF POSTING BOND

EDWARD M. CHEN, District Judge.

Given the Court's November 4, 2013 Order Granting Defendant's Motion to Stay Enforcement of Judgment (Document No. 311), which orders that Defendant 3EB Touring, Inc. post a bond in the amount of $447, 485.34 as a condition of obtaining a stay of enforcement of judgment, and given the fact that the parties wish to ensure that the money is secure and is more easily accessible once final disposition of the money is determined, Plaintiff Anthony Fredianelli and Defendant 3EB Touring, Inc., through their respective counsel of record, do hereby stipulate as follows:

1. Defendant 3EB Touring, Inc. will deposit the sum of $447, 485.34 into a bank account with the San Francisco branch of City National Bank, into an account entitled "Mitchell B. Greenberg and Joseph W. Singleton Attorney Client Trust Account FBO Stephan Jenkins, " account number XXXXXXXXX.

2. No funds may be withdrawn from the above-described bank account number XXXXXXXXX absent either (a) both the signatures of counsel for Plaintiff, Mr. Joseph Singleton, on the one hand, and counsel for 3EB Touring, Inc., Mr. Mitchell Greenberg, on the other hand or (b) further order of this Court.

IT IS SO STIPULATED.

ATTESTATION OF CONCURRENCE

I, Mitchell B. Greenberg, as the ECF user and filer of this document, attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from the above signatories.

[PROPOSED] ORDER

PURSUANT TO THE ABOVE STIPULATION, IT IS HEREBY ORDERED that:

1. Defendant 3EB Touring, Inc. will deposit the sum of $447, 485.34 into a bank account with the San Francisco branch of City National Bank, into an account entitled "Mitchell B. Greenberg and Joseph W. Singleton Attorney Client Trust Account FBO Stephan Jenkins, " account number XXXXXXXXX.

2. No funds may be withdrawn from the above-described bank account absent either (a) both the signatures of counsel for Plaintiff, Mr. Joseph Singleton, on the one hand, and counsel for 3EB Touring, Inc., Mr. Mitchell Greenberg, on the other hand or (b) further order of this Court.

IT IS SO ORDERED.


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