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SACRAMENTO 4Wall LAS VEGAS, INC. v. TRIEBWASSER, 2:12-CV-02746-KJN. (2013)

Court: District Court, E.D. California Number: infdco20131018b83 Visitors: 4
Filed: Oct. 17, 2013
Latest Update: Oct. 17, 2013
Summary: STIPULATED JUDGMENT AND ORDER KENDALL J. NEWMAN, Magistrate Judge. This Stipulated Judgment is entered into by and between Plaintiff 4Wall Las Vegas, Inc. ("4Wall") and Counterdefendants Michael Cannon and 4Wall Enterprises, Inc. (collectively with 4Wall Las Vegas, Inc., "Plaintiffs"), and Defendants Mark Triebwasser and Stage 1, Inc. (collectively "Defendants"), to resolve the civil claims set forth in the complaint and counterclaims. Plaintiffs and Defendants are hereafter jointly referred t
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STIPULATED JUDGMENT AND ORDER

KENDALL J. NEWMAN, Magistrate Judge.

This Stipulated Judgment is entered into by and between Plaintiff 4Wall Las Vegas, Inc. ("4Wall") and Counterdefendants Michael Cannon and 4Wall Enterprises, Inc. (collectively with 4Wall Las Vegas, Inc., "Plaintiffs"), and Defendants Mark Triebwasser and Stage 1, Inc. (collectively "Defendants"), to resolve the civil claims set forth in the complaint and counterclaims. Plaintiffs and Defendants are hereafter jointly referred to as the "parties."

IT IS HEREBY STIPULATED by and between the parties that:

1. In accordance with the parties' August 16, 2013 Settlement Agreement, judgment shall be entered against Defendants jointly and severally and in favor of Plaintiffs. The amount of the judgment shall be $104,678.04 ($111,678.04 minus $7,000.00, the sum of all payments previously made by Defendants to Plaintiffs pursuant to Section 2 of the Settlement Agreement), plus interests thereafter at the applicable legal post-judgment rate.

2. Defendants shall be found in civil contempt of court for failing to return the Equipment (as defined in the Court's March 8, 2013 Order [Dck. No. 33]) as required by the Court's March 8 Order, and for failing to cooperate with 4Wall in 4Wall's attempt to execute the writ of possession as required by the Court's April 5, 2013 Order [Dck. No. 41]. Defendants hereby admit to violating the Court's March 8 Order and April 5 Order as set forth in this Paragraph 2. Furthermore, Defendants hereby consent and agree to the finding of civil contempt described in this Paragraph 2, and hereby represent and warrant that a factual basis for such finding exists, and hereby waive any and all objections, challenges and/or defenses to such finding of civil contempt.

3. No later than seven days after entry of this Stipulated Judgment, Defendants shall return to 4Wall at 4Wall's Nevada place of business the Retained Equipment as identified in Exhibit A to the parties' Settlement Agreement. Defendants' failure to timely return the Retained Equipment as required by this Stipulated Judgment shall subject Defendants to a finding of civil contempt of court.

4. Other than as specified in the Settlement Agreement, the parties each shall bear their own attorneys' fees and costs incurred in connection with the filing and entry of this Stipulated Judgment.

5. Each of the signatories to this Stipulated Judgment represents that he or she has the full power and authority (without further approval or consent) to enter into this Stipulated Judgment and to bind the parties as set forth herein.

APPROVED AND SO ORDERED. The Clerk of Court shall enter judgment in accordance with this stipulated judgment and order.

Source:  Leagle

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