Moore v. Zinkin et al

Filing 48

ORDER Re Stipulation For Dismissal With Prejudice Of The Action, signed by Magistrate Judge Stanley A. Boone on 6/30/2014. CASE CLOSED. ( Motions filed by 7/31/2014) (Fahrney, E)

1

4

Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5

Attorneys for Plaintiff, Ronald Moore

6

ROGER JON DIAMOND, ESQ.
2115 Main Street
Santa Monica, CA 90405
[phone]
Fax No. 310/392-9029
State Bar No. 40146

2
3

7
8
9

Attorney for Defendant, Shaw Street Books, Inc.
10
11
UNITED STATES DISTRICT COURT
12
EASTERN DISTRICT OF CALIFORNIA
13
14
15
16
17
18
19
20

RONALD MOORE,

)
)
)
Plaintiff,
)
)
vs.
)
DEWAYNE ZINKIN; SANDRA ZINKIN;
)
SHAW STREET BOOKS, INC., a California )
)
corporation, dba VIDEO LIQUIDATORS,
)
)
Defendants.
)
)

21
22
23
24
25
26
27
28

1

No. 1:13-cv-00613-SAB
ORDER RE STIPULATION FOR
DISMISSAL WITH PREJUDICE OF THE
ACTION

1

IT IS HEREBY STIPULATED by and between plaintiff, Ronald Moore (“Moore”),

2

and defendant, Shaw Street Books, Inc., a California corporation doing business as Video

3

Liquidators (“Shaw Street,” and together with Moore, “the Parties”), the remaining parties to

4

this action, by and through their respective counsel, that pursuant to Federal Rule of Civil

5

Procedure 41(a)(2), this action be dismissed with prejudice.

6

IT IS FURTHER STIPULATED between Moore and Shaw Street that this case has

7

been settled as between them and all issues and controversies have been resolved to their

8

mutual satisfaction. Moore and Shaw Street request the Court to retain jurisdiction to enforce

9

the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins.

10

Co. of America, 511 U.S. 375, 381-82 (1994). A true and correct copy of the Settlement

11

Agreement is attached hereto as Exhibit “A” and incorporated herein by reference. Moore and

12

Shaw Street also request that this Court retain jurisdiction to adjudicate any motion brought by

13

Moore for his attorney fees, costs, and litigation expenses incurred in this action, any such

14

motion to be filed within 28 days of the Court’s Order of Dismissal.

15
16

IT IS SO STIPULATED.

17
18

Dated: June 27, 2014

MOORE LAW FIRM, P.C.

19
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff, Ronald Moore

20
21
22

/s/ Roger Jon Diamond
Roger Jon Diamond
Attorney for Defendant
Shaw Street Books, Inc.

23
24
25
26
27
28

2

1

ORDER

2

The parties having so stipulated and good cause appearing,

3

IT IS HEREBY ORDERED that:

4

1.

Plaintiff, Ronald Moore (“Moore”), and defendant, Shaw Street Books, Inc., a

5

California corporation doing business as Video Liquidators (“Shaw Street”),

6

shall comply with the terms of the Settlement Agreement and Release in Full;

7

2.

By consent of Moore and Shaw Street, the Court shall retain jurisdiction in this

8

matter for the purpose of enforcing the terms of the settlement agreement and for

9

adjudicating any motion for attorney fees, costs and litigation expenses brought

10
11

by Plaintiff;
3.

shall file any motion for attorneys’ fees, costs and litigation expenses;

12
13

4.

14
15

Within twenty eight (28) days from the date of service of this order, Plaintiff

Except as provided for in paragraphs 1 and 2 above, this action is dismissed with
prejudice; and

5.

The Clerk of the Court is directed to close this action.

16
17
18

IT IS SO ORDERED.
Dated:

June 30, 2014
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28

3