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
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27
28
Case No. 2:09-bk-11995-BR
STIPULATION TO DISMISS
2221/027481-0001
1122248.02 al0/12/10 ADVERSARY PROCEEDING
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. 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
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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. 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. 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. 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
#
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Case No. 2:09-bk-11995-BR
2221/027481-0001
[PROPOSED] ORDER ON STIPULATION TO
1122401 01 al0/12/10 DISMISS ADVERSARY PROCEEDING
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. 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