Jose Francisco Garza Duron, et al v. 24 Hour Music, LLC, et al

Filing 89

ORDER ON STIPULATION FOR ENTRY OF JUDGMENT AND DISMISSAL OF ACTION 86 by Judge Michael W. Fitzgerald. Judgment is hereby entered in favor of Plaintiffs against Defendants 24 Hour Music LLC and Martin Fabian jointly and severally in the amount of Eight-Five Thousand Dollars ($85,000.00). All remaining claims against Defendants 24 Hour Music LLC and Martin Fabian are dismissed pursuant to this judgment. The parties waive costs and attorneys related to this action. (MD JS-6, Case Terminated). (iv)

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ANTHONY R. LOPEZ (State Bar No. 149653)
LAW OFFICES LOPEZ & ASSOCIATES
9025 Wilshire Blvd., Suite 500
Beverly Hills, California 90211
Telephone: [phone]

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GEORGE L. PRAJIN (State Bar No. 280055)
LOPEZ &PRAJIN
ATTORNEYS AT LAW
620 Newport Center Drive, Suite 1100
Newport Beach, California 92660
Telephone: [phone]
Attorneys for Plaintiffs, Jose Francisco Garza Duron and Alejandro Garza

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA,

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WESTERN DIVISION

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JOSE FRANCISCO GARZA DURON
ALEJANDRO GARZA

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Plaintiffs,

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v.
24 HOUR MUSIC, LLC; and
DOES 1-5,
Defendants.
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Case No: CV15-07048 MWF(Ex)
ORDER ON STIPULATION
FOR ENTRY OF JUDGMENT
AND DISMISSAL OF ACTION

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Plaintiffs JOSE FRANCISCO GARZA DURON AND ALEJANDRO
GARZA (collectively, “Plaintiffs”) and Defendants 24 HOUR MUSIC LLC and
Martin Fabian (hereinafter “Defendants”) have stipulated to settlement of this
______________________________________________________________________________
ORDER ON STIPULATION FOR ENTRY OF JUDGMENT AND
DISMISSAL OF ACTION
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action without adjudication of any issue of fact or law. This entry of Judgment
shall also serve as a stipulation for dismissal.

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FINDINGS

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1.

This Court has jurisdiction over the claims brought by plaintiffs under

28 U.S.C. §§ 1332. This Court has jurisdiction over the parties.
2.

Venue in the Central District of California, United States District

Court (“this federal district”), is proper as to the parties as the performance of the

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written agreement alleged in this complaint was governed pursuant to a mandatory

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forum selection clause.

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3.

The complaint states claims under applicable law for which relief may

be granted.
4.

There are no finding of fact or conclusion of law of fraud,

misrepresentation and/or intentional tort.
5.

The parties have entered into a Stipulation for Entry of a Stipulated

Judgment freely and without coercion.
6.

The parties, and each of them, have acknowledged that they have read

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the provisions of the Stipulation as well as this Stipulated Judgment (hereafter

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“Judgment”) and will abide by them.

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7.

The parties to the Stipulation have waived all rights to appeal or

otherwise challenge or contest the validity of this Judgment.
NOW THEREFORE, the Parties stipulate as follows:

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Stipulation for Judgment.

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Defendants 24 Hour Music LLC and Martin Fabian shall make one (1)

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payment of Eight-Five Thousand Dollars ($85,000.00) to Plaintiffs. Plaintiffs

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shall forbear from exercising its right to enforce the judgment entered pursuant to

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this Stipulation for a period of seven (7) years from the date of entry of this
______________________________________________________________________________
ORDER ON STIPULATION FOR ENTRY OF JUDGMENT AND
DISMISSAL OF ACTION
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Judgment. Plaintiffs shall not record the judgment for a period of seven (7) years

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from the date of entry of this Judgment. Defendants are jointly and severally liable

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to the above stated amount.
ORDER

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

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1.

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This Court has jurisdiction over the subject matter of this action and

the parties hereto.
2.

Judgment is hereby entered in favor of Plaintiffs against Defendants

24 Hour Music LLC and Martin Fabian jointly and severally in the amount of
Eight-Five Thousand Dollars ($85,000.00).
3.

All remaining claims against Defendants 24 Hour Music LLC and

Martin Fabian are dismissed pursuant to this judgment.
4.

The parties waive costs and attorney’s related to this action.

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IT IS SO ORDERED.

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Dated: February 7, 2019

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HON. MICHAEL W. FITZGERALD
United States District Judge

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ORDER ON STIPULATION FOR ENTRY OF JUDGMENT AND
DISMISSAL OF ACTION
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