Gerry Gaydos, OSB No. 764138 

Gaydos Churnside & Balthrop, P.C. 

440 East Broadway, Suite 300 

Eugene, Oregon 97401 

Telephone: (541)343-8060 

Fax: (541)343-1599 

Email: gerry@oregonlegalteam.com 

Of Attorneys for Defendants 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

FRED D. HARUDA and THE FRED D. Case No. 6:15-CV-00719 

HARUDA REVOCABLE TRUST, 

Plaintiffs, 

v. 

RICHARD D. MOULTON; DANIEL D. 

MOULTON; COLOCO SPRINKLER, INC., a 

Colorado Corporation; ADS ENTERPRISES, 

LLC, a Colorado Limited Liability 

Corporation; and WTSD, LLC, a Colorado 

Limited Liability Corporation, 

Defendants. 

STIPULATION AND ORDER RE: 

POTENTIAL RESOLUTION OF 

DISPUTE 

Pursuant to the Stipulation and Order Re: Abeyance of Discovery and Pretrial Deadline 

("Order"), Defendants have provided information and an accounting to Plaintiffs, the parties 

have conferred regarding the accounting and have been unable to agree upon th.e adequacy of the 

accounting and the documents that are necessary to supplement the accounting and the parties 

have not been able to engage in negotiations regarding a potential resolution of the case. 

1 - STIPULATION AND ORDER RE: POTENTIAL RESOLUTION OF DISPUTE 
Pursuant to the Order, the parties request the assistance of a Settlement Judge and the scheduling 

of a Judicial Settlement Conference. To facilitate potential resolution, and avoid unnecessary 

costs and accounting, the Settlement Judge shall set a deadline for production of the accounting 

and documents and will determine the adequacy of the accounting and schedule a Settlement 

Conference. 

IT IS HEREBY ORDERED AS FOLLOWS: 

1. Magistrate Thomas Coffin shall schedule a Settlement Conference and shall 

resolve all disputes regarding the adequacy of the accounting and information· provided by 

Defendants. 

2. Defendants shall supplement the accounting, to show all sums deposited by 

Plaintiffs, or either of them, or on Plaintiffs' behalf, the withdrawal of such sums by any means, 

which accounting shall include copies of checks, deposit slips and bank statements, debit card 

withdrawals, counter withdrawals, wire transfers for the following bank accounts from the 

inception of such accounts to the present, except as otherwise provided: 

(a) ADS Enterprises, LLC, a Colorado limited liability company ("ADS"); 

(b) WTSD, LLC, a Colorado limited liability company ("WTSD"); 

( c) Including deposits by ADS into the WTSD account; 

( d) Any bank account owned by Defendants into which funds were deposited 

and/or transferred from ADS, WTSD, the Fred D. Haruda Revocable 

Trust and/or Fred Haruda. As to the personal accounts of Richard D. 

Moulton and/or Daniel D. Moulton, the requested documents are not 

required from the inception of such accounts, but limited to the bank 

accounts described in this Paragraph 2( d), which documents, if any, shall 

2 - STIPULATION AND ORDER RE: POTENTIAL RESOLUTION OF DISPUTE 
be modified in a manner to show only relevant deposits or transfers and all 

other information shall be redacted; and 

( e) All parties agree to ho Id all of the information in confidence and not use or 

disclose the information, except to assist in the settlement of the above-captioned 

matter. 

4. Defendants shall also provide an accounting for any other deposits in the abovedescribed bank accounts that were not made by Plaintiffs. 

5. The above shall be provided to Plaintiffs on or before March 25, 2016, 2016. If 

Plaintiffs determine that the accounting and information continues to be inadequate, Plaintiffs 

shall file a motion with Magistrate Coffin, who shall resolve any disputes regarding adequacy of 

the accounting and schedule the Settlement Conference. 

DATED: 

IT IS SO STIPULATED, 

GAYDOS CHURNSIDE & BALTHROP, P.C. 

By:/s/Gerry Gaydos 

Gerry Gaydos, OSB No. 764138 

Of Attorneys for Defendants 

LANE POWELL, P.C. 

By:/s/David G. Hosenpud 

David G. Hosenpud, OSB No. 832414 

Of Attorneys for Plaintiffs 

-eJ:IIE* JUDGE ANN L. AIKEN 

3 - STIPULATION Ai"TD ORDER RE: POTENTIAL RESOLUTION OF DISPUTE