Bonnie - Stipulation to dismiss

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Bonnie - Stipulation to dismiss

  1. 1. Case 2:09-ap-01433-BR Doc 30 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Main Document Page 1 of 4 1 Penelope Parmes (State Bar No. 104774) pparmes@rutan.com 2 1(athryn T. Anderson (State Bar No. 240660) kanderson@rutan.com 3 RUTAN & TUCKER, LLP 611 Anton Boulevard, Fourteenth Floor 4 Costa Mesa, California 92626-1931 Telephone: 714-641-5100 5 Facsimile: 714-546-9035 6 Neil McCabe (Texas Bar No. 13335300) The O'QUINN LAW FIRM 7 440 Louisiana, Suite 2300 Houston, Texas 77002 8 Telephone: 713-223-1000 Facsimile: 713- 223-0937 9 Attorneys for Plaintiff 10 Virgie Arthur 11 12 UNITED STATES BANKRUPTCY COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 LOS ANGELES DIVISION 15 In re Case No. 2:09-bk-11995-BR 16 Chapter 7 BONNIE GAYLE STERN, aka BONNIE 17 G. STERN, Adversary No. 2:09-AP-01433-BR 18 Debtor. STIPULATION TO DISMISS 19 ADVERSARY PROCEEDING PURSUANT TO F.R.B.P. 7041 AND 20 VIRGIE ARTHUR, F.R.C.P. 41(a)(1)(A)(ii) 21 Plaintiff [(Proposed) Order Lodged Concurrently] 22 v. Date: No Hearing Required 23 BONNIE GAYLE STERN, Time: No Hearing Required Place: Courtroom 1668 24 Defendant 255 E Temple Street, Los Angeles, California 90012 25 26 27 28 Case No. 2:09-bk-11995-BR STIPULATION TO DISMISS 2221/027481-0001 1122248.02 al0/12/10 ADVERSARY PROCEEDING
  2. 2. Case 2:09-ap-01433-BR Doc 30 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Main Document Page 2 of 4 This Stipulation to Dismiss Adversary Proceeding ("Stipulation") is entered into by 2 and between plaintiff Virgie Arthur ("Plaintiff'), and defendant Bonnie Gayle Stern 3 ("Defendant"). By and through their respective counsel of record, the parties stipulate and 4 agree as follows: 5 RECITALS 6 A. On January 30, 2009, Defendant filed in the Bankruptcy Court a voluntary 7 petition for relief under Chapter 7 of the United States Code, thereby initiating Bankruptcy 8 Case No. 2:09-bk-11995-BR. 9 B. On April 24, 2009, Plaintiff filed against Defendant a Complaint for 10 Nondischargeability of Debt under 11 U.S.C. § 523(A)(6), commencing Adversary 11 Proceeding No. 2:09-AP-01433-BR. 12 C. On June 1, 2009, Defendant filed in the Adversary Proceeding an answer. 13 D. On July 30, 2009, the Court entered an order that the Adversary Proceeding 14 shall be stayed pending entry of judgment as to both liability and damages against 15 Defendant in Virgie Arthur v. Howard K Stern, et al., Cause No. 2008-24181, in the 16 J District Court of Harris County Texas, 280th Judicial District (the "State Court Lawsuit"). 17 E. The State Court Lawsuit subsequently was transferred to the District Court 18 of Harris County Texas, 80th Judicial District. On or about September 15, 2010, Plaintiff 19 submitted to the District Court of Harris County Texas, 80th Judicial District, a notice of 20 nonsuit of Defendant that, pursuant to Rule 162 of the Texas Rules of Civil Procedure, 21 extinguishes the case against Defendant from the moment of filing. 22 F. The parties now wish to dismiss the Adversary Proceeding in its entirety 23 with prejudice. 24 STIPULATION 25 Based on the foregoing Recitals, which are incorporated herein by reference as if set 26 forth fully herein, 27 IT IS HEREBY STIPULATED AND AGREED, by and among the parties to this 28 Stipulation, through their respective counsel of record, that: Case No. 2:09-bk-11995-BR 2221/027481-0001 STIPULATION TO DISMISS 1122248.02 al0/12/10 -1- ADVERSARY PROCEEDING
  3. 3. Case 2:09-ap-01433-BR Doc 30 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Main Document Page 3 of 4 1 1. The parties hereby warrant and guaranty that each person whose signature 2 appears hereon has been duly authorized and has full authority to execute this Stipulation 3 on behalf of each of the parties hereto. 4 2. The above-captioned Adversary Proceeding shall be dismissed with 5 prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and Rule 6 7041 of the Federal Rules of Bankruptcy Procedure, with each party to bear her own 7 respective attorneys' fees and costs. 8 3. The Court shall retain jurisdiction over all matters relating to the 9 interpretation, administration, implementation, effectuation and enforcement of this 10 Stipulation and the corresponding Order. 11 12 Dated: October a 2010 , RUTAN & TUCKER, LLP 13 14 By: athryn. T. d rson 15 Attorneys for Plaintiff VIRGIE ARTHUR 16 17 Dated: October a 2010 LAW OFFICE OF SUSAN I. MONTGO Y 18 19 By: 20 saw I. Montgomery Attorneys for Defendant 21 BONNIE GAYLE SIERN 22 23 24 25 26 27 28 Rutan & Tucker, LLP Case No. 2:09-bk-I1995-BR attorneys at law STIPULATION TO DISMISS 2221/027481-0001 22248.02 al 0/01/10 -2- ADVERSARY PROCEEDING
  4. 4. Case 2:09-ap-01433-BR Doc 30 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Main Document Page 4 of 4 NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket. PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, CA 92626 A true and correct copy of the foregoing document described as STIPULATION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO F.R.B.P. 7041 AND F.R.C.P. 41(a)(1)(A)(ii) will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") — Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink to the document. On OCTOBER 12, 2010, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below: • Kathryn T Anderson kanderson@rutan.com • Susan I Montgomery susan@simontgomerylaw.com • Theodore K Roberts 323nodebts@msn.com • United States Trustee (LA) ustpregion16.1a.ecf@usdoj.gov El Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On OCTOBER 12, 2010, I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. The Honorable Barry Russell (By Mail) United States Bankruptcy Court Roybal Federal Bld, Ctrm 1668 255 E. Temple Street Los Angeles, CA 90012 El Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on OCTOBER 12, 2010, I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed. EI Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. October 12, 2010 Angie Spielman /s/ Angie Spielman Date Type Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010 F 9013-3.1.PROOF.SERVICE
  5. 5. Case 2:09-ap-01433-BR Doc 30-1 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Proposed Order Page 1 of 4 1 Penelope Parmes (State Bar No. 104774) pparmes@rutan.com 2 Kathryn T. Anderson (State Bar No. 240660) kanderson@rutan.com 3 RUTAN & TUCKER, LLP 611 Anton Boulevard, Fourteenth Floor 4 Costa Mesa, California 92626-1931 Telephone: 714-641-5100 5 Facsimile: 714-546-9035 6 Neil McCabe (Texas Bar No. 13335300) The O'QUINN LAW FIRM 7 440 Louisiana, Suite 2300 Houston, Texas 77002 8 Telephone: 713-223-1000 Facsimile: 713- 223-0937 9 Attorneys for Plaintiff 10 Virgie Arthur 11 12 UNITED STATES BANKRUPTCY COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 LOS ANGELES DIVISION 15 In re Case No. 2:09-bk-11995-BR 16 Chapter 7 BONNIE GAYLE STERN, aka BONNIE 17 G. STERN, Adversary No. 2:09-AP-01433-BR 18 Debtor. [PROPOSED] ORDER ON 19 STIPULATION TO DISMISS ADVERSARY PROCEEDING 20 VIRGIE ARTHUR, PURSUANT TO F.R.B.P. 7041 AND F.R.C.P. 41(a)(1)(A)(ii) 21 Plaintiff 22 V. Date: No Hearing Required 23 BONNIE GAYLE STERN, Time: No Hearing Required Place: Courtroom 1668 24 Defendant 255 E Temple Street, Los Angeles, California 90012 25 26 27 28 Case No. 2:09-bk-11995-BR [PROPOSED] ORDER ON STIPULATION TO 2221/027481-0001 1122401 01 al0/12/10 DISMISS ADVERSARY PROCEEDING
  6. 6. Case 2:09-ap-01433-BR Doc 30-1 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Proposed Order Page 2 of 4 1 ORDER 2 Based on the Stipulation to dismiss Adversary Proceeding entered into by and 3 between plaintiff Virgie Arthur ("Plaintiff'), and defendant Bonnie Gayle Stern 4 ("Defendant") (the "Stipulation") and for good cause shown: 5 IT IS HEREBY ORDERED THAT: 6 1. The Stipulation is approved. 7 2. The above-captioned Adversary Proceeding is hereby dismissed with 8 prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and Rule 9 7041 of the Federal Rules of Bankruptcy Procedure, with each party to bear her own 10 respective attorneys' fees and costs. 11 3. The Court shall retain jurisdiction over all matters relating to the 12 interpretation, administration, implementation, effectuation and enforcement of this Order. 13 # 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:09-bk-11995-BR 2221/027481-0001 [PROPOSED] ORDER ON STIPULATION TO 1122401 01 al0/12/10 DISMISS ADVERSARY PROCEEDING
  7. 7. Case 2:09-ap-01433-BR Doc 30-1 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Proposed Order Page 3 of 4 NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on the CM/ECF docket. PROOF OF SERVICE OF DOCUMENT I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, CA 92626 A true and correct copy of the foregoing document described as IPROPOSEM ORDER ON STIPULATION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO F.R.B.P. 7041 AND F.R.C.P. 41(a)(1)(A)(ii) will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING ("NEF") — Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink to the document. On Fill in Date Document is Filed, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below: El Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served): On OCTOBER 12, 2010, I served the following person(s) and/or entity(ies) at the last known address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed, The Honorable Barry Russell (By Mail) Susan I. Montgomery, Esq. (By Mail) Theodore K. Roberts (By Mail) U.S. Bankruptcy Court 1925 Century Park East, Ste. 1150 5603 Huntinton Drive North Roybal Federal Bld, Ctrm 1668 Los Angeles, CA 90012 Los Angeles, CA 90032 255 E. Temple Street Los Angeles, CA 90012 Peter Anderson (By Mail) United States Trustee (Region 16) 725 So. Fig ueora Street, Ste. 2600 Los Angeles, CA 90017 El Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on Fill in Date Document is Filed, I served the following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on the judge will be completed no later than 24 hours after the document is filed. 1=j Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. October 12, 2010 Angie Spielman /s/ Angie Spielman Date Type Name Signature This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. Auaust 2010 F 9013-3.1.PROOF.SERVICE
  8. 8. Case 2:09-ap-01433-BR Doc 30-1 Filed 10/12/10 Entered 10/12/10 15:43:22 Desc Proposed Order Page 4 of 4 NOTE TO USERS OF THIS FORM: 1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document. 2) The title of the judgment or order and all service information must be filled in by the party lodging the order. 3) Category I. below: The United States trustee and case trustee (if any) will always be in this category. 4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or attorney) who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I. NOTICE OF ENTERED ORDER AND SERVICE LIST Notice is given by the court that a judgment or order entitled (specify) [PROPOSED] ORDER ON STIPULATION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO F.R.B.P. 7041 AND F.R.C.P. 41(a)(1)(A)(ii) was entered on the date indicated as AEntered@ on the first page of this judgment or order and will be served in the manner indicated below: I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (ANEF4 a Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink to the judgment or order. As of OCTOBER 12, 2010, the following person(s) are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) indicated below. • Kathryn T Anderson kanderson@rutan.com • Susan I Montgomery susan@simontgomerylaw.com • Theodore K Roberts 323nodebts@msn.com • United States Trustee (LA) ustpregion16.1a.ecf@usdoj.gov [1:1 Service information continued on attached page II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by United States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated below: El Service information continued on attached page III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp by U.S. Mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following person(s) and/or entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es) indicated below: Susan I. Montgomery, Esq. (By Mail) Theodore K. Roberts (By Mail) Peter Anderson (By Mail) 1925 Century Park East, Ste. 1150 5603 Huntinton Drive North United States Trustee (Region 16) Los Angeles, CA 90012 Los Angeles, CA 90032 725 So. Figueora Street, Ste. 2600 Los Angeles, CA 90017 Service information continued on attached page This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. August 2010 F 9021-1.1.NOTICE.ENTERED.ORDER

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