Brezoczky v. Domtar Corp, No. 5:2016cv04995 - Document 74 (N.D. Cal. 2017)
Court Description: ORDER GRANTING 73 STIPULATION TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE. Signed by Judge Edward J. Davila on 10/30/2017. (ejdlc2S, COURT STAFF) (Filed on 10/30/2017)
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Brezoczky v. Domtar Corp Doc. 74 LEONARDMEYER LLP Derek J. Meyer (State Bar No.) 5900 Wilshire Boulevard, Suite 500 Los Angeles, CA 90036 Tel: (310) 220-0331 rmeyer@leonardmeyerllp.com POLSINELLI LLP Noel S. Cohen (State Bar No. 219645) 2049 Century Park East, Suite 2900 Los Angeles, CA 90067 Tel: (310) 556-1801 ncohen@polsinelli.com 7 LEONARDMEYER LLP John P. Killacky (admitted pro hac vice) 120 N. LaSalle Street, Suite 2000 Chicago, IL 60602 Tel: (312) 943-4888 jkillacky@leonardmeyerllp.com POLSINELLI PC Stacy A. Carpenter (admitted pro hac vice) 1401 Lawrence Street, Suite 2300 Denver, CO 80202 Tel: (303) 572-9300 scarpenter@polsinelli.com 8 Attorneys for Plaintiff Kelly Brezoczky POLSINELLI PC Britton L. St. Onge (admitted pro hac vice) 100 S. Fourth Street, Suite 1000 St. Louis, MO 63102 Tel: (314) 889-8000 bstonge@polsinelli.com 1 2 3 4 5 6 9 10 11 Attorneys for Defendants Domtar Corporation and Polsinelli PC 12 13 UNITED STATES DISTRICT COURT 14 15 16 17 18 19 20 21 22 NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION KELLY BREZOCZKY, an individual, Case No. 5:16-CV-4995-EJD Plaintiff, STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE v. DOMTAR CORPORATION, a Delaware corporation; and POLSINELLI PC, a Missouri professional corporation, Judge: Hon. Edward J. Davila Courtroom 4, Fifth Floor Defendants. PLAINTIFF KELLY BREZOCZKY (“Plaintiff”) and DEFENDANTS DOMTAR 23 CORPORATION (“Domtar”) and POLSINELLI PC (“Polsinelli”) (Domtar and Polsinelli are 24 collectively referred to herein as “Defendants”), pursuant to Local Rule 7-12, jointly submit this 25 stipulation asking the Court to dismiss Defendant Polsinelli PC with prejudice. 26 27 28 RECITALS WHEREAS, on September 14, 2016, Plaintiff filed her First Amended Complaint against Defendants (Dkt 14); -1STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE Brezoczky v. Domtar Corp., et al., Case No. 5:16-CV-4995-EJD Dockets.Justia.com 1 WHEREAS, Plaintiff alleged in her First Amended Complaint, among other things, that she had 2 an attorney-client relationship with Polsinelli and asserted claims for breach of fiduciary duty and 3 professional negligence against Polsinelli; 4 5 WHEREAS, on October 7, 2016, Polsinelli filed its Answer to Plaintiff’s First Amended Complaint (Dkt 24); 6 WHEREAS, Polsinelli alleges that it was engaged by Domtar, had an attorney-client 7 relationship with Domtar, and denies having an attorney-client relationship with Brezoczky and any 8 and all liability to Brezoczky; 9 10 WHEREAS, Plaintiff and Polsinelli have entered into a settlement agreement (“Settlement Agreement”) mutually resolving all matters between them; 11 WHEREAS, Plaintiff and Polsinelli desire to dismiss Polsinelli from this action with prejudice; 12 WHEREAS, the dismissal of Polsinelli shall have no impact on Plaintiff’s claims against 13 Domtar; 14 WHEREAS, to the extent Plaintiff obtains a judgment against Domtar, nothing in the 15 Settlement Agreement between Plaintiff and Polsinelli shall be used as an offset to Plaintiff’s claims 16 against Domtar; 17 WHEREAS, Plaintiff and Polsinelli shall pay their own attorney’s fees and costs; 18 WHEREAS, the parties respectfully request that the Court shall retain jurisdiction over Plaintiff 19 20 and Polsinelli to enforce the Settlement Agreement. STIPULATION 21 IT IS HEREBY STIPULATED by the Parties that: 22 (1) Polsinelli is dismissed with prejudice; 23 (2) The dismissal of Polsinelli shall have no impact on Plaintiff’s claims against Domtar; 24 (3) To the extent Plaintiff obtains a judgment against Domtar, nothing in the Settlement 25 Agreement shall be used as an offset to Plaintiff’s claims against Domtar; 26 (4) Plaintiff and Polsinelli shall pay their own attorney’s fees and costs; and 27 (5) This Court shall retain jurisdiction over the parties to enforce the Settlement Agreement. 28 -2STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE Brezoczky v. Domtar Corp., et al., Case No. 5:16-CV-4995-EJD 1 Dated: October 27, 2017 LEONARDMEYER LLP 2 By: /s/ Derek J. Meyer Derek J. Meyer Attorneys for Plaintiff 3 4 5 Dated: October 27, 2017 POLSINELLI LLP 6 7 By: /s/ Noel S. Cohen (with consent) Noel S. Cohen Attorneys for Defendants 8 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 13 Dated: October 30, 2017 ___________________________________________ Hon. Edward J. Davila United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE Brezoczky v. Domtar Corp., et al., Case No. 5:16-CV-4995-EJD DECLARATION OF DEREK J. MEYER 1 2 I, Derek J. Meyer, declare and state as follows: 3 1. I am an attorney duly licensed to practice law in the State of California, including the 4 United States District Court for the Northern District of California. I am one of the attorneys of record 5 for Plaintiff in the above-captioned matter. 6 7 8 2. I have personal knowledge of the facts set forth herein and if called as a witness, I could and would testify competently as to those facts. 3. On September 14, 2016, Plaintiff filed her First Amended Complaint against Defendants 9 (Dkt 14). Plaintiff alleged in her First Amended Complaint, among other things, that she had an 10 attorney-client relationship with Polsinelli and asserted claims for breach of fiduciary duty and 11 professional negligence against Polsinelli. 12 4. On October 7, 2016, Polsinelli filed its Answer to Plaintiff’s First Amended Complaint 13 (Dkt 24). Polsinelli alleges that it was engaged by Domtar, had an attorney-client relationship with 14 Domtar, and denies having an attorney-client relationship with Brezoczky and any and all liability to 15 Brezoczky. 16 17 5. Plaintiff and Polsinelli have entered into a settlement agreement (“Settlement Agreement”) mutually resolving all matters between them. 18 6. Plaintiff and Polsinelli desire to dismiss Polsinelli from this action with prejudice. 19 7. The parties have agreed that dismissal of Polsinelli shall have no impact on Plaintiff’s 20 21 claims against Domtar. 8. Further, to the extent Plaintiff obtains a judgment against Domtar, the parties have 22 agreed that nothing in the Settlement Agreement between Plaintiff and Polsinelli shall be used as an 23 offset to Plaintiff’s claims against Domtar. 24 9. 25 and costs. 26 27 10. The parties have agreed that Plaintiff and Polsinelli shall pay their own attorney’s fees The parties have agreed to request that the Court shall retain jurisdiction over the parties to enforce the Settlement Agreement. 28 -4STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE Brezoczky v. Domtar Corp., et al., Case No. 5:16-CV-4995-EJD 1 2 3 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 27, 2017 at Los Angeles, California. 4 5 /s/ Derek J. Meyer Derek J. Meyer 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE Brezoczky v. Domtar Corp., et al., Case No. 5:16-CV-4995-EJD CERTIFICATE OF SERVICE 1 2 I, Derek J. Meyer, an attorney, hereby certify that the attached STIPULATION & 3 [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE was 4 served via CM/ECF on October 27, 2017 to all counsel of record. 5 6 Dated: October 27, 2017 LEONARDMEYER LLP 7 8 9 By: /s/ Derek J. Meyer Derek J. Meyer Attorneys for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6STIPULATION & [PROPOSED] ORDER TO DISMISS DEFENDANT POLSINELLI PC WITH PREJUDICE Brezoczky v. Domtar Corp., et al., Case No. 5:16-CV-4995-EJD
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