Riker v. Alvernaz et al

Filing 117

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/26/10 ORDERING that Paragraph Q of Section V of the 47 Consent Decree is STRICKEN. It is further ORDERED that Paragraph R of Section V of the 47 Consent Decree be STRICKEN and modified accordingly. (Owen, K)

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A PROFESSIONAL CORPORATION Jennifer E. Duggan, SBN 183833 Mary E. Edes, SBN 264584 350 University Ave., Suite 200 Sacramento, California 95825 TEL: 916.929.1481 FAX: 916.927.3706 Attorneys for Defendants DISTILLERY, RONALD ALVERNAZ, and JAMES DUNPHY, JR. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA JEAN RIKER, Plaintiff, v. DISTILLER Y; RONALD ALVERNAZ; JAMES DUNPHY, JR.; JAMES DUNPHY, SR., and DOES 1 through 50, Inclusive, Defendants. / Case No. 2:08-CV-00450-MCE-JFM STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff JEAN RIKER, and Defendants DISTILLERY, RONALD ALVERNAZ, and JAMES DUNPHY, JR., by and through the undersigned, that Paragraph Q of Section V of the Consent Decree in this matter, signed by the parties on April 28, 2009 and ordered by this Court on July 29, 2009, is to be stricken. The parties agree that Paragraph Q of Section V contradicts with Paragraph A of Section V and was not intended to be included in the final, executed version of the Consent Decree. The parties further agree that the text of Paragraph R of Section V of the Consent Decree in 00779873.WPD STIPULATION AND ORDER 1 this matter is to be stricken and replaced with the following text: "Remove the paper towel dispenser located directly above the sink in the men's public restroom. On the same sink-side wall only, add mirror on top of the existing tile, including surrounding the soap dispenser, and extending from the base of the existing mirror on the wall, down to the top of the sink's surface, and down around the side edges of the sink to the height of 40" from the floor. Except for the paper towel dispenser, no other fixtures are to be removed from the men's restroom." Dated: April 22, 2010 THIMESCH LAW OFFICES By /s/ Timothy S. Thimesch Attorneys for Plaintiff Dated: April 22, 2010 PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ Jennifer E. Duggan Attorneys for Defendants ORDER IT IS SO ORDERED. Dated: April 26, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 00779873.WPD STIPULATION AND ORDER 2

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