Moore v. Torres, et al.

Filing 27

STIPULATION For DISMISSAL Of Action; ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 4/3/2014. (Fahrney, E)

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1 2 3 4 5 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: tanya@moorelawfirm.com Attorneys for Plaintiff Ronald Moore 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD MOORE, 12 13 14 Plaintiff, vs. 15 MARIA D. TORRES dba LOLA’S RICOS TACOS, et al., 16 Defendants. 17 ) No. 1:13-cv-00900-BAM ) ) STIPULATION FOR DISMISSAL OF ) ACTION; ORDER ) ) ) ) ) ) ) ) 18 19 IT IS HEREBY STIPULATED by and between Plaintiff, Ronald Moore (“Plaintiff”), 20 and Defendants, Maria D. Torres dba Lola’s Ricos Tacos, Rodrigo Nino aka Rodrigo Nino 21 Torres dba Lola’s Ricos Tacos, and Gary Haven Young (collectively “Defendants,” and 22 together with Plaintiff, “the Parties”), the parties to this action, by and through their respective 23 counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), the above-captioned action 24 be dismissed with prejudice. 25 IT IS FURTHER STIPULATED between Plaintiff and Defendants that the Court shall 26 expressly retain jurisdiction over this matter for the purpose of adjudicating any subsequent 27 motion Plaintiff may bring to recover his attorneys’ fees, costs and litigation expenses, and that 28 Defendants acknowledge that for purposes of any such motion, Plaintiff shall be determined the STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 1 1 prevailing party. Any such motion shall be filed within fourteen (14) days of the date the Court 2 issues its Order on this stipulation. 3 4 Date: April 2, 2014 MOORE LAW FIRM, P.C. 5 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff Ronald Moore 6 7 8 9 Date: April 2, 2014 MICHAEL WELCH + ASSOCIATES 10 11 12 13 14 /s/ Michael D. Welch Michael D. Welch, Esq. Attorneys for Defendants Maria D. Torres dba Lola’s Ricos Tacos, Rodrigo Nino aka Rodrigo Nino Torres dba Lola’s Ricos Tacos, and Gary Haven Young 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 2 1 ORDER 2 The parties having so stipulated and good cause appearing, 3 IT IS HEREBY ORDERED as follows: 4 1. By consent of Plaintiff, Ronald Moore (“Plaintiff”), and Defendants, Maria D. 5 Torres dba Lola’s Ricos Tacos, Rodrigo Nino aka Rodrigo Nino Torres dba Lola’s Ricos Tacos, 6 and Gary Haven Young (“Defendants,” and together with Plaintiff, “the Parties”), the Court 7 shall retain jurisdiction in this matter for the purpose of adjudicating any motion for attorney 8 fees, costs and litigation expenses brought by Plaintiff. 9 10 11 12 2. By consent of the Parties and for purposes of his attorneys’ fees motion, Plaintiff is the prevailing party in this action. 3. Plaintiff shall file any motion for the recovery of his attorneys’ fees, costs and litigation expenses within fourteen (14) days of the date of this Order. 13 4. Except as provided for in paragraph 1, the action is dismissed with prejudice. 14 5. The Clerk of the Court is directed to close this case. 15 16 17 18 IT IS SO ORDERED. Dated: /s/ Barbara April 3, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 3

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