Filed: Jan. 09, 2019
Latest Update: Jan. 09, 2019
Summary: JOINT STIPULATION AND ORDER REGARDING DISMISSAL OF CONSOLIDATED ACTIONS WITH PREJUDICE MORRISON C. ENGLAND, JR. , District Judge . TO THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the below-listed remaining plaintiffs (collectively, "Plaintiffs") and defendants Marriott Vacations Worldwide Corporation, Marriott Ownership Resorts, Inc., The Ritz-Carlton Development Company, Inc., The Ritz-Carlton Sales Company,
Summary: JOINT STIPULATION AND ORDER REGARDING DISMISSAL OF CONSOLIDATED ACTIONS WITH PREJUDICE MORRISON C. ENGLAND, JR. , District Judge . TO THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the below-listed remaining plaintiffs (collectively, "Plaintiffs") and defendants Marriott Vacations Worldwide Corporation, Marriott Ownership Resorts, Inc., The Ritz-Carlton Development Company, Inc., The Ritz-Carlton Sales Company, ..
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JOINT STIPULATION AND ORDER REGARDING DISMISSAL OF CONSOLIDATED ACTIONS WITH PREJUDICE
MORRISON C. ENGLAND, JR., District Judge.
TO THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA:
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the below-listed remaining plaintiffs (collectively, "Plaintiffs") and defendants Marriott Vacations Worldwide Corporation, Marriott Ownership Resorts, Inc., The Ritz-Carlton Development Company, Inc., The Ritz-Carlton Sales Company, Inc., The Ritz-Carlton Management Company, L.L.C., and The Cobalt Travel Company, LLC (collectively, "Defendants") stipulate to a dismissal of the entire Consolidated Actions1, including any and all claims related to the Plaintiffs' fractional interests and The Ritz-Carlton, Lake Tahoe asserted or could have been asserted in the Consolidated Actions, against all Defendants with prejudice. Unless otherwise agreed to by the parties, each of the parties shall bear their own attorneys' fees and costs:
1. Thomas F. Reiser, Jr., an individual; Linda T. Reiser, an individual; Thomas F. Reiser, Jr. and Linda T. Reiser, as Trustees of the Tom and Linda Reiser Trust dated June 6, 2006; Keith A. Briar, an individual; Beverly C. Briar, an individual; and Keith A. Briar and Beverly C. Briar, as Trustees of the Briar Family Trust UAD 12/21/04
2. Anthony J. Bates, an individual; and Anthony J. Bates, as Trustee of The Anthony J. Bates Revocable Trust dated December 28, 2007
3. Al P. Brende, an individual;
4. Russell D. Frazier, an individual; Shannon M. Frazier, an individual; and Russell D. Frazier and Shannon M. Frazier, as Trustees of the Frazier Family Revocable Trust, Dated January 30, 2008
5. Jason Michael Girzadas, an individual; and Virginia Harley Girzadas
6. George Michael Hewitt, an individual; and Rose A. Hewitt, an individual
7. Bretton H. Jameson, an individual; and Amy M. Jameson, an individual
8. Brent M. Jones, an individual; Dana Jones, an individual; and Brent M. Jones and Dana Jones, as Trustees of the Jones 1990 Living Trust dated July 27, 1990
9. Jennifer Kaplan, an individual; and Alexander H. Busansky, an individual
10. Stephen F. Lim, an individual
11. Michael Lundahl, an individual; and Verlyn Lundahl, an individual
12. Mark Markland, an individual; Tricia Markland, an individual; and Mark Markland and Tricia Markland, as Trustees of the Markland Family Trust, dated September 7, 1995
13. Craig Mattson, an individual
14. Susan L. Moyer, an individual; and Susan L. Moyer, as Trustee of the Susan Moyer Revocable Living Trust Dated April 18, 2005
15. Curtis Wayne Ottley, an individual; and Jennifer Ottley, an individual
16. Charles F. Perrell, an individual; Elizabeth A. Guillaumin, an individual; Charles F. Perrell and Elizabeth A. Guillaumin, as Trustees of The Charles F. Perrell & Elizabeth A. Guillaumin Living Trust dated June 26, 1998
17. Cornelius H. Tiebout, an individual; Julie A. Tiebout, an individual; and Cornelius H. Tiebout and Julie A. Tiebout, as Trustees of the Tiebout Family Trust, dated February 13th, 2003
18. Annette Leah Welton, an individual; Patrick Lloyd Welton, an individual; and Annette Leah Welton and Patrick Lloyd Welton, as Trustees of the Welton Family Trust, dated January 28, 1992
19. Gregory S. Yonko, an individual; Janice Yonko, an individual; and Gregory S. Yonko and Janice Yonko, as Trustees of The Yonko Family Living Trust, Dated April 27, 2004
20. Arjun Bhagat, an individual; Anita Manwani Bhagat, an individual; and Arjun Bhagat and Anita Manwani Bhagat, as Trustees of the Bhagat Family Trust, Dated March 24, 1995
21. Jay A Morgeson, an individual; and Donna L Morgeson, an individual
22. Christopher Band Ehrlich, an individual; and Sara Fried Ehrlich
IT IS SO STIPULATED.
Based on the stipulation of the parties, it is hereby ordered that the entire Consolidated Actions, including any and all claims related to the Plaintiffs' ownership interests asserted in the Consolidated Actions, are hereby dismissed with prejudice, with Plaintiffs and Defendants to bear their own costs and attorneys' fees. The matter having now been concluded in its entirety, the Clerk of court is directed to close the file.
IT IS SO ORDERED.
FootNotes
1. The consolidated actions consist of: (1) Thomas F. Reiser, Jr., et al. v. Marriott Vacations Worldwide Corporation, et al., assigned lead Case No. 2:16-cv-00237-MCE-CKD, filed on February 5, 2016, (2) Arjun Bhagat, et al. v. Marriott Vacations Worldwide Corporation, et al., Case No. 2:16-cv-01465-MCE-CKD, filed on June 28, 2017; and (3) Christopher B. Ehrlich, et al., v. Marriott Vacations Worldwide Corporation, et al., Case No. 2:17-cv-00952-MCE-CKD, filed on May 15, 2017 (collectively, the "Consolidated Actions").
