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Case 2:09-ap-01433-BR              Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44           Desc
                                    Main Document     Page 1 of 4


  1 Penelope Parmes (State Bar No. 104774)
                                                                    FILED & ENTERED
      pparmes@rutan.com
  2 Kathryn T. Anderson (State Bar No. 240660)                         OCT 15 2010
    kanderson@rutan.com
  3 RUTAN & TUCKER, LLP
    611 Anton Boulevard, Fourteenth Floor                           CLERK U.S. BANKRUPTCY COURT
                                                                    Central District of California
  4 Costa Mesa, California 92626-1931                               BY fortier    DEPUTY CLERK
    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.
                                                        ORDER ON STIPULATION TO
 19                                                     DISMISS ADVERSARY PROCEEDING
                                                        PURSUANT TO F.R.B.P. 7041 AND
 20 VIRGIE ARTHUR,                                      F.R.C.P. 41(a)(1)(A)(ii)
 21                               Plaintiff
 22                          v.                         Date: No Hearing Required
                                                        Time: No Hearing Required
 23 BONNIE GAYLE STERN,                                 Place: Courtroom 1668
                                                               255 E Temple Street,
 24                               Defendant                    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 a10/14/10                                    DISMISS ADVERSARY PROCEEDING
Case 2:09-ap-01433-BR                Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44            Desc
                                      Main Document     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
                                                                  ###
 14

 15

 16

 17

 18

 19
 20

 21

 22

 23

 24

 25
      DATED: October 15, 2010
 26                                                  United States Bankruptcy Judge

 27

 28
                                                                        Case No. 2:09-bk-11995-BR
                                                                        [PROPOSED] ORDER ON STIPULATION TO
      2221/027481-0001
      1122401.01 a10/14/10                                  -1-         DISMISS ADVERSARY PROCEEDING
Case 2:09-ap-01433-BR                   Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44                                      Desc
                                                  Main Document     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 [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) 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:


                                                                                          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. Figueora Street, Ste. 2600
Los Angeles, CA 90017
                                                                                          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.


                                                                                          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
Case 2:09-ap-01433-BR                   Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44                                       Desc
                                                  Main Document     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 (ANEF@) B 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.la.ecf@usdoj.gov
                                                                                           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:




                                                                                           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 C ourt for the Central District of California.

August 2010                                                                     F 9021-1.1.NOTICE.ENTERED.ORDER

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Bonnie -ORDER TO DISMISS

  • 1. Case 2:09-ap-01433-BR Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44 Desc Main Document Page 1 of 4 1 Penelope Parmes (State Bar No. 104774) FILED & ENTERED pparmes@rutan.com 2 Kathryn T. Anderson (State Bar No. 240660) OCT 15 2010 kanderson@rutan.com 3 RUTAN & TUCKER, LLP 611 Anton Boulevard, Fourteenth Floor CLERK U.S. BANKRUPTCY COURT Central District of California 4 Costa Mesa, California 92626-1931 BY fortier DEPUTY CLERK 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. ORDER ON STIPULATION TO 19 DISMISS ADVERSARY PROCEEDING PURSUANT TO F.R.B.P. 7041 AND 20 VIRGIE ARTHUR, F.R.C.P. 41(a)(1)(A)(ii) 21 Plaintiff 22 v. Date: No Hearing Required Time: No Hearing Required 23 BONNIE GAYLE STERN, Place: Courtroom 1668 255 E Temple Street, 24 Defendant 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 a10/14/10 DISMISS ADVERSARY PROCEEDING
  • 2. Case 2:09-ap-01433-BR Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44 Desc Main Document 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 ### 14 15 16 17 18 19 20 21 22 23 24 25 DATED: October 15, 2010 26 United States Bankruptcy Judge 27 28 Case No. 2:09-bk-11995-BR [PROPOSED] ORDER ON STIPULATION TO 2221/027481-0001 1122401.01 a10/14/10 -1- DISMISS ADVERSARY PROCEEDING
  • 3. Case 2:09-ap-01433-BR Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44 Desc Main Document 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 [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) 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: 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. Figueora Street, Ste. 2600 Los Angeles, CA 90017 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. 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
  • 4. Case 2:09-ap-01433-BR Doc 31 Filed 10/15/10 Entered 10/15/10 12:25:44 Desc Main Document 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 (ANEF@) B 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.la.ecf@usdoj.gov 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: 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 C ourt for the Central District of California. August 2010 F 9021-1.1.NOTICE.ENTERED.ORDER