HH-Fresno LLC v. City of Fresno et al

Filing 27

ORDER DISMISSING CASE, with Prejudice signed by Chief Judge Lawrence J. O'Neill on 05/19/2017. CASE CLOSED.(Flores, E)

1 PAUL J. CAMBRIA, JR. (State Bar No. 177957)
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ERIN E. MCCAMPBELL (pro hac vice)
[e-mail]
[e-mail]
LIPSITZ GREEN SCIME CAMBRIA LLP
42 Delaware Avenue, Suite 120
Buffalo, New York 14202
Telephone: [phone]
Attorneys for Plaintiff

7 HH-Fresno, LLC
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA – FRESNO BRANCH

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HH-FRESNO, LLC,

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Plaintiff,
CIVIL CASE NO. 17-CV-00163-LJO-BAM

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vs.

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CITY OF FRESNO, and
DEVELOPMENT
AND RESOURCE MANAGEMENT
DEPARTMENT, an agency of the
CITY OF FRESNO,

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ORDER

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Defendants.

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WHEREAS, Plaintiff filed a Complaint against Defendants in the United
States District Court for the Eastern District of California, Case No. 17-CV-00163LJO-BAM (the “Action”). Plaintiff’s Action challenged the enforcement of certain
zoning provisions against Plaintiff as unconstitutional.
WHEREAS, Defendants denied all wrongdoing.

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WHEREAS, the Parties have agreed to settle the Action.
-1ORDER – NOTICE OF DISMISSAL

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WHEREAS, it is the intent of the Parties to resolve fully the claims and
disputes which are the subject of the Action.

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WHEREAS, Plaintiff HH-Fresno, LLC, Defendants City of Fresno, and
Development and Resource Management Department, an agency of the City of
Fresno, stipulated that the instant action should be dismissed with prejudice as set
forth in the Settlement Agreement executed on May 12, 2017;
It is hereby ORDERED that the instant action be dismissed with prejudice.

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IT IS SO ORDERED.
Dated:

May 19, 2017

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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-2ORDER – NOTICE OF DISMISSAL