Response_to_order_to_show_cause_re_dismissal_of_settled_action

Response

Cal. Super. - 4th Dist.August 12, 2016

AN Ln Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING YOCCA CARLSON & RAUTH LAWYERS NEWPORT BEACH MARC J. SCHNEIDER, State Bar No. 214609 mschneider @sycr.com KATIE BEAUDIN, State Bar No. 306402 kbeaudin @sycr.com STRADLING YOCCA CARLSON & RAUTH, P.C. 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660-6422 Telephone: (949) 725-4000 Facsimile: (949) 725-4100 Attorneys for Plaintiff TOSHIBA AMERICA BUSINESS SOLUTIONS, INC. ELECTRONICALLY FILED Superior Court of California, County of Orange OTAL201T at 11:52:00 A Clerk of the Superior Court By James hd Haines, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL JUSTICE CENTER TOSHIBA AMERICA BUSINESS SOLUTIONS, INC. A California Corporation, Plaintiff, VS. PRINTREE, LLC, a California Limited Liability Company; PATRICK COLLINS, an individual; AARON COLLINS, an individual, and DOES 1 through 10, inclusive, Defendants. CASE NO: 30-2016-00869155-CU-BC-CJC [Assigned for all purposes to Hon. Martha Gooding, Dept. C34] RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL OF SETTLED ACTION Complaint Filed: August 12, 2016 RESPONSE TO ORDER TO SHOW CAUSE LITIOC/2159993v2/104225-0004 AN Ln Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING YOCCA CARLSON & RAUTH LAWYERS NEWPORT BEACH TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: On July 14, 2017, plaintiff Toshiba America Business Solutions, Inc. (“Toshiba”) notified the court that a conditional settlement has been reached in connection with the above- referenced matter pursuant to California Rule of Court 3.1385. Because the parties have agreed to file a notice of conditional settlement, the parties request that the court take the Order to Show Cause hearing on August 14, 2017 off calendar. The settlement of the above-captioned matter is conditioned upon the completion of specific terms that are not to be performed within 45 days of the settlement. Under the terms of the settlement agreement, defendants Aaron Collins, Patrick Collins, and Printree, LLC (collectively “Defendants”) are to, among other things, make monthly payments to Toshiba until May 1, 2020. The parties previously filed a Stipulation and Order to Stay Action that requested the Court stay this action through the earlier of a request to dismiss or a request for entry of judgment against Defendants, which was to occur no later than June 1, 2020. In light of the Order to Show Cause and upon further consideration, Toshiba and Defendants agree to withdraw the Stipulation and Order to Stay Action and in its place jointly submit the Notice of Conditional Settlement filed concurrently herewith. Toshiba requests that this court retain jurisdiction over this matter until June 1, 2020, for the limited purpose of enforcing the settlement agreement pursuant to California Code of Civil Procedure section 664.6. Toshiba and Defendants expressly agree to the court’s retention of jurisdiction for this limited purpose. Upon Defendants’ full performance under the Settlement Agreement, Toshiba is to dismiss the case with prejudice. Therefore, Toshiba and Defendants jointly request that the court accept the Notice of Conditional Settlement, the court retain jurisdiction for the limited purpose of enforcing the settlement agreement pursuant to Code of Civil Procedure section 664.6, and take the Order to Show Cause hearing currently scheduled for August 14, 2017, at 9:00 a.m. off calendar. 111 111 111 RESPONSE TO ORDER TO SHOW CAUSE LITIOC/2159993v2/104225-0004 11 12 13 14 15 16 17 18 19 20 Z1 22 23 24 25 26 27 28 STRADLING YOCCA CARLSON & RAUTH LAWYERS NEWPORT BEACH DATED: July 12,2017 STRADLING YOCCA CARLSON & RAUTH, P.C. A Professional Corporation on [TXT Marc J. Schneider Katie Beaudin Attorneys for Plaintiff TOSHIBA AMERICA BUSINESS SOLUTIONS, INC. Date: 7] 2] | 7 SOLOMON, GRINDLE, LIDSTAD & WITRINGER, APC i 1 . ( \) i Od 0 Noho By: ( \// Holly J. Nolan L” Attorney for Defendants PRINTREE, LLC, PATRICK COLLINS, & AARON COLLINS RESPONSE TO ORDER TO SHOW CAUSE AN Ln Bk W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STRADLING YOCCA CARLSON & RAUTH LAWYERS NEWPORT BEACH PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am employed by Stradling Yocca Carlson & Rauth in the County of Orange, State of California. Iam over the age of 18 and not a party to the within action. My business address is: 660 Newport Center Drive, Suite 1600, Newport Beach, CA 92660-6422. On July 14, 2017, I served the within document(s): RESPONSE TO ORDER TO SHOW CAUSE RE DISMISSAL OF SETTLED ACTION By United States mail. I am readily familiar with this business’ practice for X collection and processing of correspondence for mailing with the United States Postal Service. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. I enclosed the above-referenced document(s) in a sealed envelope or package addressed to the person(s) at the address(es) as set forth below, and following ordinary business practices I placed the package for collection and mailing on the date and at the place of business set forth above. By electronic service. Based on a court order or an agreement of the parties to accept XX service by electronic transmission, I caused the above-referenced document(s) to be sent to the person(s) at the electronic address(es) listed below. Holly J. Nolan SOLOMON GRINDLE LIDSTAD & WINTRINGER, APC 11682 El Camino Real, Suite 250 San Diego, California 92130 Telephone: 858) 793-8500 Facsimile: (858) 793-8263 Email: holly @sglwlaw.com I declare that I am employed in the office of a member of the bar of this court whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on July 14, 2017, at Newport Beac ifornia. jr - y/o Tatiana Palomares RESPONSE TO ORDER TO SHOW CAUSE LITIOC/2159993v2/104225-0004