Filed: Aug. 06, 2019
Latest Update: Aug. 06, 2019
Summary: JOINT STIPULATION AND ORDER FOR DISMISSAL OF ACTION AGAINST AYERS AND PAYMENT MORRISON C. ENGLAND, JR. , District Judge . JOINT STIPULATION AND ORDER Plaintiffs ROBERT HONAN and ADVANCED BUILDING & FABRICATION, INC. (collectively "Plaintiffs"), and Defendant CURTIS AYERS (collectively the "Parties hereto") have reached a settlement of the claims against Mr. Ayers. The settlement shall be paid by non-party the California Department of Tax and Fee Administration ("CDTFA"). The Parties and
Summary: JOINT STIPULATION AND ORDER FOR DISMISSAL OF ACTION AGAINST AYERS AND PAYMENT MORRISON C. ENGLAND, JR. , District Judge . JOINT STIPULATION AND ORDER Plaintiffs ROBERT HONAN and ADVANCED BUILDING & FABRICATION, INC. (collectively "Plaintiffs"), and Defendant CURTIS AYERS (collectively the "Parties hereto") have reached a settlement of the claims against Mr. Ayers. The settlement shall be paid by non-party the California Department of Tax and Fee Administration ("CDTFA"). The Parties and C..
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JOINT STIPULATION AND ORDER FOR DISMISSAL OF ACTION AGAINST AYERS AND PAYMENT
MORRISON C. ENGLAND, JR., District Judge.
JOINT STIPULATION AND ORDER
Plaintiffs ROBERT HONAN and ADVANCED BUILDING & FABRICATION, INC. (collectively "Plaintiffs"), and Defendant CURTIS AYERS (collectively the "Parties hereto") have reached a settlement of the claims against Mr. Ayers. The settlement shall be paid by non-party the California Department of Tax and Fee Administration ("CDTFA").
The Parties and CDTFA hereto therefore stipulate as follows:
1. The Court shall order non-party California Department of Tax and Fee Administration ("CDTFA") to pay Plaintiffs, as part of the settlement of this matter and on behalf of Defendant Ayers, four hundred thousand dollars ($400,000.00) as provided by the settlement agreement entered into between the Parties and CDTFA. A true and correct copy of that settlement agreement is attached hereto as Exhibit A. CDTFA has joined this stipulation, as reflected by its authorized signature below, and requires an order from the court for payment to issue. Nothing in this stipulation is nor shall be construed as an admission of liability by any of the Parties or CDTFA.
2. CDTFA shall forthwith pay to Plaintiffs the sum of $400,000.00, which shall be paid by a check or warrant and delivered by mail addressed as follows:
Robert Honan
Owner, Advanced Building & Metal Fabrication, Inc.
2810 California State Hwy. 32
Chico, CA 95973
3. Within five (5) court days of receipt of the $400,000 settlement amount, Plaintiffs shall, pursuant to Federal Rule of Civil Procedure 41(a), dismiss all claims against Defendant Ayers with prejudice. The dismissal does not affect the claims against the other defendants currently named in this action.
4. The Parties hereto shall bear their own attorneys' fees and costs with respect to the dismissed claims.
5. This stipulation shall become effective upon entry of this Court's order thereon.
6. Notwithstanding dismissal of Defendant Ayers, with prejudice, this Court should retain jurisdiction over the dismissed claims to enforce the terms of the Parties' and CDTFA's settlement agreement.
Dated: _____________, 2019 WAGSTAFFE, VON LOEWENFELDT,
BUSCH & RADWICK LLP
By: ________________________________
MICHAEL VON LOEWENFELDT
Attorneys for Defendant
CURTIS AYERS
Dated: _____________, 2019 ESTES LAW GROUP
By: ________________________________
POLLY ESTES
Attorneys for Plaintiff
ROBERT HONAN AND ADVANCED
BUILDING & FABRICATION, INC.
Dated: _____________, 2019 CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
By: ________________________________
NICOLAS MADUROS, Director
IT IS SO ORDERED.
