Hopson v. A.T. Diner, Inc. et al

Filing 8

ORDER signed by Chief Judge Morrison C. England, Jr. on 11/18/2013 DISMISSING CASE with prejudice, pursuant to FRCP 41. 6 CASE CLOSED (Reader, L)

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RUSSELL S. HUMPHREY, SBN 208744
HUMPHREY LAW GROUP
1420 S. Mills Ave., Ste. H
Lodi, CA 95242
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for PLAINTIFF:
CYNTHIA HOPSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CYNTHIA HOPSON,

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PLAINTIFF,

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Case No.: 2:13-cv-01564-MCE-CKD
MOTION TO DISMISS WITH
PREJUDICE AND ORDER
GRANTING SUCH DISMISSAL

[Fed. R. Civ. P. 41]

v.

18 A.T. DINER, INC., PILOT TRAVEL
CENTER’S LLC, CAT SCALE COMPANY,
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DEFENDANTS.

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PLEASE TAKE NOTICE, THIS HONORABLE COURT AND ALL PARTIES OF
SUCH PROCEEDING:
Pursuant to Federal Rule of Civil Procedure 41, Plaintiff moves this honorable court to
dismiss the Plaintiff’s complaint with Prejudice.
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Specifically, Plaintiff has filed, and served the Complaint on Defendants, for the

damages Plaintiff has allegedly incurred from the discrimination he experienced, as a result of his
disability, on, or around August 2011.

MOTION TO DISMISS WITH PREJUDICE AND ORDER

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2.

Defendants have not yet served an Answer on Plaintiff.

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Plaintiff and Defendants have entered into a settlement agreement to fully settle all

claims arising out of the August 2011 incident.
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The terms and conditions of such settlement agreement have been fully satisfied by

Defendant.
Therefore, Plaintiff, as agreed to via the settlement agreement, now moves this court to
dismiss such action with prejudice.

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Date: November 7th, 2013.

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/s/ Russell S. Humphrey
By: Russell S. Humphrey
Attorney for Plaintiff,
CYNTHIA HOPSON

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/s/Daniel Malakauskas
By: Daniel Malakauskas,
Attorney for Plaintiff,
CYNTHIA HOPSON

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MOTION TO DISMISS WITH PREJUDICE AND ORDER

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ORDER

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Upon reviewing, seeing, and reading all pertinent evidence and argument for Plaintiff’s
Motion to Dismiss the Action with Prejudice, and having weighed such, IT IS HEREBY
ORDERED, that this action is dismissed with prejudice.
Dated: November 18, 2013

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MOTION TO DISMISS WITH PREJUDICE AND ORDER

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