Callahan, et al. v. City of Sanger, et al.

Filing 76

Stipulation and ORDER for DISMISSAL With Prejudice, signed by Magistrate Judge Barbara A. McAuliffe on 11/17/16. CASE CLOSED. (Marrujo, C)

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1 2 3 4 Jesse J. Maddox, Bar No. 219091 jmaddox@lcwlegal.com LIEBERT CASSIDY WHITMORE A Professional Law Corporation 5250 North Palm Ave, Suite 310 Fresno, California 93704 Telephone: 559.256.7800 Facsimile: 559.449.4535 5 Attorneys for Defendant CITY OF SANGER 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA - FRESNO 10 Liebert Cassidy Whitmore A Professional Law Corporation 5250 North Palm Ave, Suite 310 Fresno, California 93704 11 12 13 14 15 16 17 18 KEVIN CALLAHAN, RICHARD B. FRANCO, NOEL JOHNSON, JORGE FERNANDEZ, TOM REINHART, MANUEL DURAN JR., RALPH SALAZAR, PRESTON LITTLE, JASON BOUST, MICHAEL SIMS, ROBERT MILLER, TY TASHIRO, RAMIRO GARZA, ANGELA YAMBUPAH, DANIEL SILVA, FRED SANDERS, STEVEN GAUCIN, GREGORY VELASQUEZ, ABRAHAM RUIZ, JOSE SOTO, BRANDON COLES, REYES CARRILLO, ROBERT THEILE, ERIC GRIJALVA, JEFF BISE, BRAD FUNK, ROBERT PALKOWNIK and KEVIN MCINERNEY, Case No.: 1:14-cv-00600 BAM STIPULATION AND PROPOSED ORDER FOR DISMISSAL WITH PREJUDICE Plaintiffs, 19 v. 20 21 CITY OF SANGER; and DOES 1 THROUGH 10, inclusive, 22 Defendant. 23 WHEREAS, the above-captioned matter, was settled, except for the attorney’s fees and 24 25 costs, at a mediation before Thomas Simonian, Esq. on September 28, 2015; WHEREAS, the parties in the above-captioned matter prepared a settlement agreement 26 27 pursuant to the above settlement which was signed by all parties; 28 /// 30 31 7849033.1 STIPULATION AND PROPOSED ORDER FOR DISMISSAL WITH PREJUDICE 1 WHEREAS, Counsel for Plaintiffs filed a Motion for Attorney’s fees and costs. The 2 Court issued the Order on Attorney’s Fees and Costs on March 17, 2016, awarding Plaintiffs the 3 amount of $48,165.00 for attorney’s fees and $400.00 for costs; 4 5 WHEREAS, the attorney’s fees and costs have been paid and Plaintiffs acknowledged receipt of payment of all costs and fees; 6 STIPULATION 7 8 9 10 Liebert Cassidy Whitmore A Professional Law Corporation 5250 North Palm Ave, Suite 310 Fresno, California 93704 11 12 13 14 15 IT IS HEREBY STIPULATED, by and between the parties to this action, through their designated legal counsel, that the above-captioned action be disposed of all follows: 1. That the Court order that this action be dismissed with prejudice in its entirety as to all parties pursuant to FRCP 41(a)(1)(A)(ii); 2. That Plaintiffs and their counsel of record have received all fees and costs to which they are entitled in this action pursuant to the Court’s Order; 3. That the Clerk of the Court enters final judgment dismissing this action with prejudice in its entirety. 16 17 Dated: November 16, 2016 LIEBERT CASSIDY WHITMORE 18 19 By: Jesse J. Maddox Attorneys for Defendant City of Sanger 20 21 22 /S/ Dated: November 16, 2016 ADAMS, FERRONE & FERRONE 23 24 25 26 27 28 30 31 By: /S/ Michael A. McGill Attorneys for Plaintiffs 1 2 PROPOSED ORDER The Court has reviewed the Parties’ foregoing fully executed stipulation for dismissal. 3 Based upon a review of the record, and good cause appearing, it is hereby ordered that this case 4 be dismissed with prejudice. 5 6 7 8 9 10 Liebert Cassidy Whitmore A Professional Law Corporation 5250 North Palm Ave, Suite 310 Fresno, California 93704 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 IT IS SO ORDERED. Dated: November 17, 2016 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE

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