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20150002/412287v1 Case No. CV-08-3168 MHP 

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT 

Paul Kozachenko, Esq., SBN: 104601 

Selena P. Ontiveros, Esq., SBN: 211790 

GONSALVES & KOZACHENKO 

1133 Auburn Street 

Fremont, CA 94538 

Telephone: (510) 770-3900 

Facsimile: (510) 657-9876 

Attorneys for Defendant and Third Party Plaintiff 

Stark Investment Company, a 

California general partnership 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

PALMTREE ACQUISITION 

CORPORATION, a Delaware corporation, 

Plaintiff, 

vs. 

MICHAEL R. NEELY, an individual; 

PERRY J. NEELY, an individual; GARY 

NEELY, an individual; MICHAEL R. 

NEELY, PERRY J. NEELY and GARY 

NEELY dba MIKE’S ONE HOUR 

CLEANERS; CHARLES FREDERICK 

HARTZ dba PAUL’S SPARKLE 

CLEANERS; CHARLES F. HARTZ, an 

individual; MULTIMATIC 

CORPORATION, a New Jersey 

corporation; WESTERN STATES 

DESIGN, a California corporation; 

MCCORDUCK PROPERTIES 

LIVERMORE, LLC, a Delaware limited 

liability company individually and as the 

successor to JOHN MCCORMICK, 

KATHLEEN MCCORDUCK, PAMELA 

MCCORDUCK, SANDRA 

MCCORDUCK MARONA, and IMA 

FINANCIAL CORPORATION, a 

California corporation; STARK 

INVESTMENT COMPANY, a California 

general partnership; GRUBB & ELLIS 

REALTY INCOME TRUST, 

LIQUIDATING TRUST, a California trust; 

Case No. CV 08 3168 MHP 

[PROPOSED ORDER] TO FILE FIRST 

AMENDED THIRD PARTY COMPLAINT 

[FRCP 15(a) & 21] 

Hon. Marilyn H. Patel 

Case 3:08-cv-03168-EMC Document 65 Filed 05/25/10 Page 1 of 4
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20150002/412287v1 1 Case No. CV-08-3168 MHP 

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT 

and DOES 1-20, inclusive, 

Defendants. 

THE KIRRBERG CORPORATION, 

formerly known as MULTIMATIC 

CORPORATION, a New Jersey 

Corporation; and STARK INVESTMENT 

COMPANY, L.P., a California limited 

partnership, 

Third-Party Plaintiffs, 

v. 

MELINDA ELLIS EVERS, Successor 

Trustee of the Harold A. Ellis, Jr. 

Revocable Inter Vivos Trust Dated July 13, 

2000; JAMES R. PROUD, an individual; 

DEAN BANKS, an individual; EMMETT 

R. DEMOSS JR., an individual; JOHN E. 

HYJER, an individual; THE ANDERSON 

MARITAL TRUST dated February 28, 

1979, as amended and restated August 31, 

1994; and THE ANDERSON TAX 

DEFERRAL TRUST, dated February 28, 

1979, as amended and restated August 31, 

1994, 

Third-Party Defendants. 

WHEREAS Third Party Plaintiffs, The Kirrberg Corporation and Stark Investment 

Company, L.P. desire to file a First Amended Third Party Complaint; 

WHEREAS, Defendant Estate of Harold A. Ellis, Jr. is the only party that has 

appeared and does not oppose the filing of the First Amended Third Party Complaint; 

THEREFORE, IT IS HEREBY STIPULATED by and between the attorneys for 

Third Party Plaintiffs and for Third Party Defendant Estate of Harold A. Ellis, Jr. that Third Party 

Plaintiffs be granted leave to file a First Amended Third Party Complaint, a copy of which is 

attached, on or before May 24, 2010. 

/ / / 

Case 3:08-cv-03168-EMC Document 65 Filed 05/25/10 Page 2 of 4
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20150002/412287v1 2 Case No. CV-08-3168 MHP 

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT 

APPROVED AS TO FORM AND CONTENT: 

Dated: May 24, 2010 DONGELL LAWRENCE FINNEY LLP 

By: /s/ Thomas F. Vandenburg

Thomas F. Vandenburg 

Attorneys for Defendant and Third-Party Plaintiff 

THE KIRRBERG CORPORATION, formerly 

known as MULTIMATIC CORPORATION, a New 

Jersey corporation 

Dated: May 24, 2010 GONSALVES & KOZACHENKO 

By: /s/ Selena P. Ontiveros

Selena P. Ontiveros 

Attorneys for Defendant and Third-Party Plaintiff 

Start Investment Company, a California general 

partnership 

Dated: May 24, 2010 STEIN & LUBIN LLP 

By: /s/ Jonathan E. Sommer

Jonathan E. Sommer 

Attorneys for Defendant 

Estate of Harold A. Ellis, Jr. 

IT IS SO ORDERED. 

Dated: Marilyn H. Patel 

 Judge of the United States District Court

5/25/2010

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Marilyn H. Patel

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20150002/412287v1 Case No. CV-08-3168 MHP 

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT 

Re: Palmtree Acquisition v. Michael R. Neely, et al. 

 United States District Court, Case No. CV 08-3168 MHP 

PROOF OF SERVICE—ELECTRONIC TRANSMISSION

STATE OF CALIFORNIA/COUNTY OF LOS ANGELES 

I am a citizen of the United States and am employed in the County of Los Angeles, 

State of California. I am over the age of 18 and not a party to the within action; my business 

address is DONGELL LAWRENCE FINNEY LLP, 707 Wilshire Boulevard, 45th Floor, Los 

Angeles, CA 90017-3609. 

On the date set forth below, I electronically served the document described below 

via the United States District Court-Northern District’s ECF, on the recipients designated on the 

Transaction Receipt located on the Court’s website. 

[PROPOSED ORDER] TO FILE FIRST AMENDED THIRD PARTY COMPLAINT 

[FRCP 15(a) & 21] 

On the following parties: 

SEE SERVICE LIST PROVIDED BY THE COURT’S ECF WEBSITE 

I declare under penalty of perjury under the laws of the State of California that the 

foregoing is true and correct and that I am employed in the office of a member of the bar of this 

court, at whose direction the service was made. 

Executed on May 24, 2010, at Los Angeles, California. 

 _ /s/ Sheryl R. Douglas _____________ 

 Sheryl R. Douglas 

Case 3:08-cv-03168-EMC Document 65 Filed 05/25/10 Page 4 of 4