Shaw v. Sargentini et al

Filing 30

Request for Dismissal of Plaintiff's Complaint; ORDER, signed by District Judge Lawrence J. O'Neill on 5/20/2015. (Marrujo, C)

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

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECIL SHAW,

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Plaintiff,

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vs.
ROCHELLE K. SARGENTINI, et al.,

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Defendants.

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AND RELATED CROSS-CLAIM.

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No. 1:14-cv-00903-LJO-GSA
REQUEST FOR DISMISSAL OF
PLAINTIFF’S COMPLAINT; ORDER
Supporting Declaration of Tanya E. Moore
filed concurrently herewith

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Plaintiff, Cecil Shaw (“Plaintiff”), hereby requests that his Complaint in the above-

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captioned action be dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of

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Civil Procedure. Plaintiff does not request dismissal of the Cross-Claim filed in the action (Dkt.

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21).

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Plaintiff asked that the last two remaining Defendants in this action, Rochelle K.

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Sargentini and Norman Dean Kato dba Bob’s Market (collectively “Defendants”), stipulate to

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the dismissal of his Complaint pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil

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Procedure. On March 30, 2015, counsel for Defendants indicated that he approved the language

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of the stipulation, but asked that it not be filed at that time, apparently because he was still

REQUEST FOR DISMISSAL OF PLAINTIFF’S COMPLAINT; ORDER
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trying to resolve the cross-claim. Declaration of Tanya E. Moore, filed herewith (“Moore

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Decl.”), ¶ 2. Plaintiff’s counsel’s office thereafter advised Defendants’ counsel that if he did not

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authorize the filing of the stipulation by May 8, 2015, Plaintiff would proceed to ask that the

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Court enter an order dismissing his Complaint. Moore Decl., ¶ 3. Defendants’ counsel has not

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authorized the filing of the stipulation to date. Moore Decl., ¶ 4.

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Plaintiff requests this dismissal on the grounds that a settlement agreement was entered

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into between Plaintiff and Defendants, and under the terms of that agreement, Plaintiff agreed

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to dismiss his Complaint once Defendants had made the payments required under the

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agreement. Moore Decl., ¶ 5. Defendants have made the first of such payments, and therefore,

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Plaintiff seeks to dismiss his Complaint as required.
For the reasons set forth above, Plaintiff respectfully requests that the Court dismiss his
Complaint filed in this action.

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Date: May 20, 2015

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff
Cecil Shaw

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ORDER

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Upon request of Plaintiff and good cause appearing,
IT IS HEREBY ORDERED that Plaintiff’s Complaint filed in this action be dismissed
with prejudice.

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IT IS SO ORDERED
Dated: May 20, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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REQUEST FOR DISMISSAL OF PLAINTIFF’S COMPLAINT; ORDER
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