Chaponick v. Sandberg ( 2024 )

LAW OFFICES OF JAMES PHAN, P.C. 1 JAMES N. PHAN (Bar ID: 259093) 2 1500 Kings Highway North, Suite 201 Cherry Hill, NJ 08034 3 Telephone: 888-588-6982 Facsimile: 856-282-2989 4 Email: jphan@jamesphanlaw.com Attorney for Plaintiffs, Dore Chaponick, et. al. 5 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 8 Case No.: 2:23-CV-00374-KJM-AC DORE CHAPONICK, an individual, 9 EVELYN CHAPONICK, an individual and 10 QUALITY AIR CONTRACTORS, INC., a STIPULATION FOR DISMISSAL Florida Corporation, WITHOUT PREJUDICE, ORDER 11 Plaintiffs, The Hon. Kimberly J. Mueller 12 v. 13 14 BRETT SANDBERG, an individual, SUPPLY MANAGEMENT CORP., a California 15 Corporation, 980 SOUTH MEADOWS, LLC, a California Limited Liability Company, 16 VANTAGE SUPPLY, LLC, a California Limited Liability Company, and DOES 1-5, 17 18 Defendants. 19 Plaintiffs, DORE CHAPONICK, EVELYN CHAPONICK, and QUALITY AIR 20 CONTRACTORS, INC., and Defendants, BRETT SANDBERG, SUPPLY MANAGEMENT 21 CORP., 980 SOUTH MEADOWS, LLC and VANTAGE SUPPLY, LLC, by and through their 22 respective undersigned attorneys, stipulate and agree to dismissal without prejudice of the 23 Complaint in this action pursuant to Fed. R. Civ. P. 41(a), and subject to the terms, conditions, and 24 obligations of the Parties’ Settlement Agreement. 25 The Parties stipulate and agree that as a condition of this dismissal, in the event the 26 payments required to be made by Defendants to Plaintiffs pursuant to the Settlement Agreement 27 1 are not timely made, Plaintiffs may reinstate this action. The Parties also stipulate and agree that 2 as a condition of this dismissal, this Court shall retain jurisdiction to supervise and enforce the 3 terms of the Settlement Agreement and the Parties further hereby voluntarily consent to have 4 Honorable Kimberly J. Mueller, United States Chief District Judge, conduct all further proceedings 5 in the action. The Parties further stipulate and agree that upon Plaintiffs’ receipt from Defendants 6 of all amounts due and owing under the Settlement Agreement, this Stipulation for Dismissal 7 without Prejudice shall automatically convert and be deemed a Dismissal with Prejudice without 8 further action by the Parties or this Court. 9 Respectfully submitted: 10 Dated: May 16, 2024 LAW OFFICES OF JAMES PHAN, P.C. 11 /s/ James N. Phan 12 JAMES N. PHAN, ESQ. 13 Attorneys for PLAINTIFFS DORE 14 CHAPONICK, an individual, EVELYN CHAPONICK, an individual and QUALITY 15 AIR CONTRACTORS, INC, a Florida 16 Corporation 17 18 Dated: May 16, 2024 JEFFER MANGELS BUTLER & MITCHELL LLP 19 20 /s/ Matthew S. Kenefick 21 MATTHEW S. KENEFICK 22 Attorneys for DEFENDANTS BRETT SANDBERG, SUPPLY MANAGEMENT 23 CORP., a California Corporation, 980 SOUTH MEADOWS, LLC, a California 24 Limited Liability Company, VANTAGE SUPPLY, LLC, a California Limited 25 Liability Company 26 27 l ORDER OF DISMISSAL 2 Pursuant to the foregoing Stipulation of the parties under Rules 41(a) of the Federal Rule 3 || of Civil Procedure, and good cause appearing, IT IS ORDERED THAT THIS ACTION BE, AN 4 || HEREBY IS, DISMISSED WITHOUT PREJUDICE as to all claims, counterclaims, causes o 5 |] action, and parties, with each party bearing that party’s own attorney’s fees and costs. Upo 6 || Plaintiffs’ receipt from Defendants of all amounts due and owing under the Settlement Agreement 7 || this Stipulation for Dismissal without Prejudice shall automatically convert and be deemed 8 |] Dismissal with Prejudice without further action by the Parties or this Court. 9 The court approves the parties’ stipulation; however, the court in its discretion declines t 10 || maintain jurisdiction to enforce the terms of the parties’ settlement agreement. Kokkonen v 11 || Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994); cf, Collins v. Thompson, 8 F.3d 657, 65 12 || (9th Cir. 1993). Unless there is some independent basis for federal jurisdiction, enforcement o 13 || the agreement is for state courts. Kokkonen, 511 US. at 382. 14 15 IT IS SO ORDERED. 16 || Dated: May 16, 2024. / / 17 ig CHIEF ED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 -3- Chaponick.23-374.dismissal.bep