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  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview
  • JEROME F SHELDON et al VS. JOHN ROGERS et al CONTRACT/WARRANTY document preview 
						
                                
Preview

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JOSEPH W. COTCHETT
(#36324; jcotchett@cpmlegal.com}
PHILIP L. GREGORY

(#95217; pgregory@cpmiegal.com)
J. CAMILO ARTIGA-PURCELL

(# 273229; cartigapurcell@cpmiegal.com)
COTCHETT, PITRE & McCARTHY, LLP

840 Malcolm Road, Suite 200
Burlingame, CA 94010

WILLIAM H. PARISH

(#959113; parish@parishlegal.com)
WILLIAM PARISH, PLC

1919 Grand Canal Blvd., Suite A-5
Stockton, CA 95207

LISA SAVERI

(#112043: lisa@saveri.com)
GEOFFREY C. RUSHING
(#173102; grushing@saveri.com)
SAVERI & SAVERLI INC.

706 Sansome Street

San Francisco, CA 94111

ELECTRONICALLY
Received Not Filed

Superior Court of California,
County of San Francisco

OCT 25 2013

Clerk of the Court
BY: VANESSA WU
Deputy Clerk

Attorneys for Plaintiffs and Cross-Defendants

RYAN G. BAKER (Bar No. 214036)
tbaker@bakermarquart.com
BAKER MARQUART LLP

10990 Wilshire Blvd.

Fourth Floor

Los Angeles, CA 90024

Attorneys for Defendant and Cross-Complainant

John Rogers

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

JEROME F. SHELDON, et ai.,
Plaintiffs,

v.
JOHN ROGERS, et ai.,

Defendants.

CASENO.: CGC-12-521485

STIPULATION AND [PROPOSED]
ORDER REGARDING PLAINTIFFS’
KNOWLEDGE OF OPERATIVE FACTS

Dept.: 305
Judge: Hon. John E. Munter

STIPULATION AND ORDER REGARDING PLAINTIFFS’ KNOWLEDGE OF OPERATIVE FACTSee Ia DA eH 2 BW Dm

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WHEREAS, “PLAINTIFFS” means all of the individuals and entities named in the First
Amended Complaint filed in this Action;

WHEREAS, “EXECUTIVE DEFENDANTS” means Eula Adams, Davies Beller, Alex
Hern, Brian Miller, John Morris, Nhan T. Nguyen, Art Petrie, Gus Spanos, Steve Zelinger, the
Rubicon Limited Partnership, and John Rogers;

WHEREAS, “UBS DEFENDANTS” means UBS Securities, Inc., UBS Financial Services,
Inc., and Douglas P. Lane:

WHEREAS, “SETTLEMENT TRANSCRIPT” means the settlement entered into by and
between PLAINTIFFS and the UBS DEFENDANTS before the Superior Court in and for the

County of San Francisco on November 22, 2011:

WHEREAS, “UBS SETTLEMENT AGREEMENT” means the Settlement Agreement
allegedly entered inte by and between PLAINTIFFS, the UBS DEFENDANTS, and the
EXECUTIVE DEFENDANTS;

WHEREAS, “EXECUTIVE DEFENDANTS’ SETTLEMENT AGREEMENT” means the
Settlement Agreement entered into by and between PLAINTIFFS and the EXECUTIVE
DEFENDANTS on or around June 16, 2011;

WHEREAS, on June 8, 2012, Plaintiffs filed the instant Action against Defendant John

Rogers for Breach of Contract, Specific Performance, Declaratory Relief, Accord and Satisfaction,
Fraud and Deceit, and Negligent Misrepresentation;
WHEREAS, on December 3, 2012, Plaintiffs filed the First Amended Complaint for

Breach of Contract, Specific Performance, and Declaratory Relief;

WHEREAS, on January 7, 2012, Mr. Rogers filed a Cross-Complaint for Breach of
Contract and Declaratory Relief;

WHEREAS, the operative facts underlying the First Amended Complaint pertain to alleged
negotiation of the UBS SETTLEMENT AGREEMENT between and among counsel for
PLAINTIFFS, counsel for the UBS DEFENDANTS, counsel for the EXECUTIVE
DEFENDANTS, and the EXECUTIVE DEFENDANTS;

i

STIPULATION AND ORDER REGARDING PLAINTIFFS’ KNOWLEDGE OF OPERATIVE FACTSwoN

WHEREAS, the operative facts underlying the Cross-Complaint pertain to the terms of the

EXECUTIVE DEFENDANTS’ SETTLEMENT AGREEMENT,

NOW THEREFORE, Plaintiffs. through their counse!, and Defendant John Rogers

stipulate and respectfully request this Court enter an order as follows:

1. Other than what they have been told by their counsel, PLAINTIFFS have no knowledge of
negotiations of the SETTLEMENT TRANSCRIPT.

2. Other than what they have been told by their counsel, PLAINTIFFS have no knowledge of

negotiations of the UBS SETTLEMENT AGREEMENT.

3. Other than what they have been told by their counsel, PLAINTIFFS have no knowledge of
negotiations of the EXECUTIVE DEFENDANTS’ SETTLEMENT AGREEMENT.

4, PLAINTIFFS do not and will not dispute the veracity of their written discovery responses
in this Action and therefore do not have to provide written verifications thereof.

5. Defendant and Cross-Complainant John Rogers will not take the deposition of
PLAINTIFFS or any of them. unless Defendantand Cross-Complainant Rogers or his
counsel obtains information indicating that the above-described representations are not true.

Dated: October 23, 2013 COTCHETT, PITRE & McCARTHY, LLP
PARISH & SMALL
SAVERI & SAVERI, INC.
By: Ulan Ptaerk. GP ~
WILLIAM H. PARISH
Attorneys for Plaintiffs and Cross-Defendants
JEROME F. SHELDON, e7 al.
Dated: October 23, 2013 BAKER MARQUA
By:
RY BAKER
Attorneys for Defendant and Cross-
Complainant JOHN ROGERS

2

STIPULATION AND ORDER REGARDING PLAINTIFFS’ KNOWLEDGE OF OPERATIVE FACTSSe eat DH Hh RR Nm

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ont KOH wh FS we NN KF SD 6S SF DTD Hh ke WY NY =- S&S

PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

DATED this day of October 2013.

HONORABLE JOHN E. MUNTER
JUDGE OF THE SUPERIOR COURT

3

STIPULATION AND ORDER REGARDING PLAINTIFFS’ KNOWLEDGE OF OPERATIVE FACTS