Alvarez Zardain v. IPACPA US, Inc.

Filing 53

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 11/5/2018 DISMISSING case with prejudice. The Clerk is directed to close this file. CASE CLOSED. (Zignago, K.)

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ADAM C. BROWN (SBN 161951)
HILL RIVKINS BROWN & ASSOCIATES
A Professional Law Corporation
11140 Fair Oaks Boulevard, Suite 100
Fair Oaks, CA 95628
Telephone: [phone]
Facsimile: [phone]

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Attorneys for TRC HOLDINGS, INC.

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UNITED STATES DISCTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ENRIQUE ALVAREZ ZARDAIN, an
individual

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Plaintiff,
vs.
IPACPA US, INC., a Delaware corporation,
TRC HOLDINGS, INC., a Delaware
corporation, and DOES 1-20

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Defendants.

) Case No.: 2:15-cv-01207-MCE-EFB
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) STIPULATION AND ORDER FOR
) VOLUNTARY DISMISSAL OF CLAIMS
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Plaintiff ENRIQUE ALVAREZ ZARDAIN (“Plaintiff”) and Defendant TRC

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HOLDINGS, INC. (“TRC”) (together, the “Parties”), by and through their attorneys of record,

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hereby stipulate and agree as follows:

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RECITALS
A.

On or about June 4, 2015, Plaintiff filed his Complaint (the “Complaint”) in this

action against Defendants IPACPA US, Inc. and TRC. IPACPA US, Inc. has not appeared in
this action.
B.

On or about December 22, 2016, the Parties reached agreement on the terms of a

settlement for purposes of resolving Plaintiff’s claims against TRC, which were memorialized in
a settlement agreement (the “Initial Settlement Agreement”) resulting in this Court entering a

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STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS

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stay of this action and a conditional dismissal pending satisfaction of the conditions of

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settlement.

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C.

On or about August 16, 2018 the Parties executed a Global Settlement Agreement

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and Release of All Claims (the “Global Release”) resulting in the complete release, discharge

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and satisfaction of all conditions of the Settlement Agreement.

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D.

Pursuant to the terms of the Global Release, the Parties wish to dismiss the

Complaint with prejudice and without costs to any Party as to all claims asserted by Plaintiff
against TRC in this action.

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STIPULATION
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THEREFORE, it is hereby stipulated, by and between the Parties hereto, through their

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attorneys of record, that all claims asserted by Plaintiff against TRC Holdings, Inc. in this action
be and hereby are dismissed with prejudice and without costs to any Party pursuant to Rule 41 of
the Federal Rules of Civil Procedure. The Court shall retain jurisdiction to enforce the terms of
the Global Release.
IT IS SO STIPULATED.

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Date: August 27, 2018

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SELTZER MCMAHON VITEK
By:

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/s/ Hang Alexandra Do
HANG ALEXANDRA DO
Attorney for Plaintiff
ENRIQUE ALAREZ ZARDAIN

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Date: September 5, 2018

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HILLS RIVKIN BROWN & ASSOCIATES
By:

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/s/ Adam C. Brown
ADAM C. BROWN
Attorney for Defendant
TRC HOLDINGs INC.

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STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS

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ORDER

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In accordance with the foregoing stipulation of the parties, and good cause appearing, the

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above-entitled action is hereby dismissed, with prejudice, each side to bear its own costs. The

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matter having now been concluded in its entirety the Clerk of Court is directed to close the file.

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IT IS SO ORDERED.

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DATED: November 5, 2018

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_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS