Burns vs SBC Communications, Inc., et al

Filing 41

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 05/28/10 ORDERING that this case is DISMISSED with prejudice pursuant to the parties' stipulation; each side to bear their own costs and fees. CASE CLOSED (Benson, A.)

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AT&T SERVICES, INC. LEGAL DEPARTMENT GERARD J. DONNELLAN (State Bar #114784) 525 Market Street, Room 2008 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants

UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT 10 11 12 Plaintiff, 13 vs. 14 SBC COMMUNICATIONS, INC. et. al., 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Defendants. _______________________________/ WHEREAS this was an action in which surviving children sought various employment benefits from defendants related to the death of their father, and WHEREAS defendants have now paid all benefits due, and WHEREAS the parties negotiated a settlement of additional disputed amounts, specifically, attorneys fees and interest, and WHEREAS the negotiated disputed amounts have now been paid to plaintiffs, and WHEREAS all plaintiffs are no longer minors, and WHEREAS all plaintiffs have signed, with advise and counsel of their attorney, a Release and Settlement Agreement which is acceptable to defendants, and WHEREAS all parties have now resolved all matters at issue in this lawsuit and now request STIPULATION AND ORDER FOR DISMISSAL SHERRY BURNS, individually and in her capacity as Guardian of Kellie A. Burns and Matthew P. Burns CASE NO. 2:07-cv-02162-MCE-KJM

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the Court to dismiss this action, each side to bear their own fees (other than the amounts already negotiated and paid), NOW THEREFORE, the parties, through their attorneys, STIPULATE: 1. 2. 3. All parties have reached an acceptable resolution to this matter. All settlement amounts have been paid. The parties jointly request that the Court dismiss this action with prejudice, each side to bear their own costs and fees.

DATED: May 26, 2010

MICHAEL F. BABITZKE, INC.

by

/S/

Michael F. Babitzke Counsel for all Plaintiffs DATED: May 18, 2010 AT&T SERVICES, INC. - LEGAL DEPARTMENT

14 15 16 17 18 GOOD CAUSE APPEARING, THIS CASE IS DISMISSED WITH 19 PREJUDICE. THE CLERK IS DIRECTED TO CLOSE THE FILE. 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 2 ______________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE Dated: May 28, 2010 By /S/ GERARD J. DONNELLAN Counsel for all Defendants