Lema v. La Terraza, Inc. et al

Filing 13

STIPULATION and ORDER for Dismissal and referral to Magistrate Judge for future proceedings related to enforcement signed by Judge William B. Shubb on 8/22/11. Civil Case Terminated. CASE CLOSED.(Matson, R)

1

4

TIMOTHY S. THIMESCH, ESQ., No. 148213
158 Hilltop Crescent
Walnut Creek, CA 94597
Tel: [phone]
Fax: [phone]
[e-mail]

5

Attorneys for Plaintiff NEVA LEMA

6

TONY NEVAREZ, ESQ., No. 125664
Attorney at Law
[e-mail]
225 30th Street, Suite 306
Sacramento, CA 95816
PH: [phone]
Fax: [phone]

2
3

7
8
9
10
11

Attorney for Defendants LA TERRAZA, INC.; and THE MORSE
BUILDING LLC

12
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

13
14
15

NEVA LEMA,

CASE NO. 2:10-CV-03063-WBS-DAD
Civil Rights

Plaintiff,

16
17

v.

18

LA TERRAZA, INC.; THE MORSE
BUILDING, LLC, and DOES 1
through 50, Inclusive,

19

STIPULATION AND [Proposed] ORDER
SEEKING DISMISSAL WITH PREJUDICE
AND RETAINED JURISDICTION TO
INTERPRET AND ENFORCE THE ONTHE-RECORD SETTLEMENT AGREEMENT;
LIMITED REQUEST FOR REFERRAL TO
MAGISTRATE JUDGE DROZD FOR
FUTURE PROCEEDINGS RELATED TO
ENFORCEMENT

Defendants.

20
21
22
23
24
25
26
27
28
158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

/
RELATED CASE NO.
2:11−CV−01205−KJM−DAD

RANDY LEMA,
Plaintiffs,
v.

[TO BE FILED IN BOTH ACTIONS]

LA TERRAZA, INC., et al.
Defendants.

/

Stipulation and Proposed Order Re Dismissal and Retained Jurisdiction: Case Nos. 2:10-CV03063-WBS-DAD; and 2:11−CV−01205−KJM−DAD

1

TO THE COURT:

2

The Parties are pleased to report that thanks to the efforts

3

of the Honorable Dale A. Drozd at the Settlement Conference held

4

on

5

respects, including Plaintiff’s claims for statutory injunctive

6

relief,

7

attorney’s fees, litigation expenses and costs.

8

Settlement

9

settlement agreement.

July

28,

2011,

statutory

and

were

these

two

damages,

fully

10

sought

11

Drozd

12
13

Therefore,

and

for

memorialized

cases

an

resolved

award

through

of

in

all

statutory

The terms of the
an

on-the-record

Pursuant to that agreement, the Parties

settlement agreement.

for

consented

related

future

the

purposes

and

request

to

of

pursuant

interpreting

to

terms

dismiss

and

of

enforcing

the

Settlement,

the

actions with prejudice, but that the Court retain jurisdiction to

16

interpret

17

The Parties further request that the Court refer both cases to

18

Magistrate Judge Dale Drozd for any future proceedings related to

19

////

on-the-record

both

Judge

15

the

Court

the

Magistrate

Parties

enforce

the

of

14

and

that

jurisdiction

of

the

settlement

related

agreement.

20
21
22
23
24
25
26
27
28
158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Stipulation and Proposed Order Re Dismissal and Retained Jurisdiction: Case Nos. 2:10-CV03063-WBS-DAD; and 2:11−CV−01205−KJM−DAD

—2—

1
2

interpretation and enforcement.
SO STIPULATED.

3
4

Dated: July 30, 2011

5

/s/ Timothy Thimesch
Attorneys for Plaintiff
NEVA LEMA

6
7
8

TIMOTHY S. THIMESCH
THIMESCH LAW OFFICE

Dated: August 17, 2011

9

TONY NEVAREZ
LAW OFFICES
/s/ Anthony Nevarez
Attorneys for Defendants
LA TERRAZA, INC.; and THE MORSE
BUILDING LLC

10
11
12

ORDER

13
14

SO ORDERED.

15
16

Dated:

August 22, 2011

17
18
19
20
21
22
23
24
25
26
27
28
158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Stipulation and Proposed Order Re Dismissal and Retained Jurisdiction: Case Nos. 2:10-CV03063-WBS-DAD; and 2:11−CV−01205−KJM−DAD

—3—