-GGH Vistar Corporation v. Sierra Valley Restaurants, Inc. et al, No. 2:2009cv02220 - Document 83 (E.D. Cal. 2011)

Court Description: STIPULATED JUDGMENT dated *3/10/11* signed by Judge Garland E. Burrell, Jr on 03/10/11. IT IS HEREBY ORDERED, ADJUDGED and DECREED as follows: PFG shall have judgment against Alizadeh in the amount of $3,150,000.00; In the event that Alizadeh pa ys $2,000,000.00 within 12 months of the date of entry of this stipulated judgment, said payment shall be deemed full satisfaction of Alizadehs obligations hereunder; however, PFG is under no obligation to accept funds from Alizadeh unless and u ntil he identifies and documents, to the satisfaction of PFG, the source of any funds to be paid and provides evidence that the funds are not subject to any local, state or federal taxing authorities and not subject to a preference action in any bank ruptcy court; and In the event PFG is required to enforce the terms of the stipulation for entry of judgment or this stipulated judgment, PFG will be entitled to reasonable attorneys fees and costs as determined by a Court. The Court can find no just reason for delaying entry of final judgment against Alizadeh as stipulated to by PFG and Alizadeh, as all of the remaining defendants are in bankruptcy.(Becknal, R)

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-GGH Vistar Corporation v. Sierra Valley Restaurants, Inc. et al 1 2 3 4 5 6 Doc. 83 Wilke, Fleury, Hoffelt, Gould & Birney, LLP DANIEL L. EGAN, Bar No. 142631 degan@wilkefleury.com MEGAN A. LEWIS, Bar No. 221263 mlewis@wilkefleury.com STEVEN J. WILLIAMSON, Bar No. 238869 swilliamson@wilkefleury.com 400 Capitol Mall Twenty-Second Floor Sacramento, CA 95814 Telephone: (916) 441-2430 Facsimile: (916) 442-6664 7 8 Attorneys for Plaintiff PERFORMANCE FOOD GROUP, INC., formerly known as VISTAR CORPORATION 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 VISTAR CORPORATION, a Colorado corporation,, STIPULATED JUDGMENT Plaintiff, 14 v. 15 16 17 18 19 20 Case No. 09-CV-02220-GEB-GGH SIERRA VALLEY RESTAURANTS, INC., a corporation doing business as Jack in the Box; CENTRAL VALLEY FOODSERVICE, INC., a corporation doing business as Jack in the Box; FOODSERVICE MANAGEMENT, INC., a corporation doing business as Jack in the Box; KOBRA ASSOCIATES, INC., a corporation doing business as Jack in the Box; and ABE ALIZADEH, an individual,, 21 Defendants. 22 23 Based upon the Stipulation for Entry of Judgment between Plaintiff PERFORMANCE 24 FOOD GROUP, INC., formerly known as VISTAR CORPORATION (“PFG”) and defendant 25 ABOLGHASSEM “ABE” ALIZADEH (“Alizadeh”) 26 IT IS HEREBY ORDERED, ADJUDGED and DECREED as follows: 27 1. PFG shall have judgment against Alizadeh in the amount of $3,150,000.00; 28 W ILKE , F LEURY , H OFFELT , G OULD & B IRNEY , LLP STIPULATED JUDGMENT 643159.1 -1- XX 09-CV-02220-GEB-GGH ATTO RNEY S AT LAW SACRA M E NT O Dockets.Justia.com 1 2. In the event that Alizadeh pays $2,000,000.00 within 12 months of the date of 2 entry of this stipulated judgment, said payment shall be deemed full satisfaction of Alizadeh’s 3 obligations hereunder; however, PFG is under no obligation to accept funds from Alizadeh unless 4 and until he identifies and documents, to the satisfaction of PFG, the source of any funds to be 5 paid and provides evidence that the funds are not subject to any local, state or federal taxing 6 authorities and not subject to a preference action in any bankruptcy court; and 7 3. In the event PFG is required to enforce the terms of the stipulation for entry of 8 judgment or this stipulated judgment, PFG will be entitled to reasonable attorneys’ fees and costs 9 as determined by a Court. 10 4. The Court can find no just reason for delaying entry of final judgment against 11 Alizadeh as stipulated to by PFG and Alizadeh, as all of the remaining defendants are in 12 bankruptcy. 13 IT IS SO ORDERED. 14 15 Dated: March 10, 2011 GARLAND E. BURRELL, JR. United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 W ILKE , F LEURY , H OFFELT , G OULD & B IRNEY , LLP ATTO RNEY S AT LAW SACRA M E NT O STIPULATED JUDGMENT 643159.1 -2- XX 09-CV-02220-GEB-GGH

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