Mustard et al v. City of Vallejo

Filing 34

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE signed by District Judge Kimberly J. Mueller on 9/11/17. This action is hereby DISMISSED with prejudice. This order constitutes the Court's judgment and judgment is entered as of the date of this order. The Clerk shall close this file. CASE CLOSED.(Mena-Sanchez, L)

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1 2 3 4 5 6 DAVID E. MASTAGNI, ESQ. (SBN 204244) ISAAC S. STEVENS, ESQ. (SBN 251245) ACE T. TATE, ESQ. (SBN 262015) MASTAGNI HOLSTEDT A Professional Corporation 1912 “I” Street Sacramento, California 95811 Telephone: (916) 446-4692 Facsimile: (916) 447-4614 davidm@mastagni.com istevens@mastagni.com atate@mastagni.com 7 Attorneys for Plaintiffs 8 9 10 11 12 ARTHUR A. HARTINGER (SBN 121521) ahartinger@publiclawgroup.com KEVIN P. MCLAUGHLIN (SBN 251477) kmclaughlin@publiclawgroup.com RENNE SLOAN HOLTZMAN SAKAI LLP 1220 Seventh Street, Suite 300 Berkeley, California 94710 Telephone: (510) 995-5800 Facsimile: (415) 678-3838 13 14 Attorneys for Defendant CITY OF VALLEJO 15 IN THE UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 MAT MUSTARD, BENJAMIN HILL, on behalf of themselves and all similarly situated individuals, 20 Plaintiffs, 21 v. 22 CITY OF VALLEJO, 23 Defendant. 24 ) Case No. 2:16-cv-01485-KJM-CKD ) ) STIPULATION FOR DISMISSAL WITH ) PREJUDICE; ORER THEREON ) ) ) ) ) ) ) ) ) 25 STIPULATION 26 The parties to this action hereby stipulate as follows: 27 1. WHEREAS, on April 13, 2017 the parties filed a Stipulation Regarding Approval of 28 STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER THEREON Mustard, et. al. v. City of Vallejo 1 Case No. 2:16-cv-01485-KJM-CKD 1 2 3 4 5 6 7 8 9 10 11 12 Settlement Agreement, attaching a copy of the signed settlement agreement (Dkt. No. 28). 2. Settlement, reserving jurisdiction over this action for the purposes of entering dismissal and enforcing the settlement agreement (Dkt. No. 30). 3. 15 16 17 WHEREAS, on June 9, 2017, pursuant to stipulation by the parties, the Court approved modification of the Notice of Settlement and Claim Form and Release attached to the settlement agreement, and confirmed the Court will not enter an order dismissing this action with prejudice until the parties jointly request that the Court enter such an order (Dkt. No. 32). 4. WHEREAS, the City has caused the Notice of Settlement and Claim Form and Release to be sent to all Putative Plaintiffs; 5. WHEREAS, the deadline to submit completed claim forms for most Putative Plaintiffs has expired, and Defendant agrees not to exercise any right to withdraw it may have. 13 14 WHEREAS, on May 19, 2017 the Court issued an Order Granting Approval of THEREFORE, IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel, that: 1. It is now appropriate to dismiss this action. 2. The parties request the Court issue an order dismissing this action with prejudice. Respectfully submitted, 18 19 Dated: August 30, 2017 By: /s/ David E. Mastagni DAVID E. MASTAGNI, ESQ. ISAAC S. STEVENS, ESQ. ACE T. TATE, ESQ. Attorneys for Plaintiffs 20 21 22 23 MASTAGNI HOLSTEDT, APC Dated: August 30, 2017 24 RENNE SLOAN HOLTZMAN SAKAI, LLP By: /s/ Kevin P. McLaughlin ARTHUR A. HARTINGER KEVIN P. MCLAUGHLIN Attorneys for Defendant CITY OF VALLEJO 25 26 27 28 STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER THEREON Mustard, et. al. v. City of Vallejo 2 Case No. 2:16-cv-01485-KJM-CKD 1 ORDER 2 3 Based upon the foregoing, this action is hereby dismissed with prejudice. This order 4 constitutes the Court’s judgment and judgment is entered as of the date of this order. The Clerk 5 shall close this file. 6 7 IT IS SO ORDERED: DATED: September 11, 2017. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER THEREON Mustard, et. al. v. City of Vallejo 3 Case No. 2:16-cv-01485-KJM-CKD

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