Lopez v. Pre-employ.com, Inc.

Filing 59

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 3/28/19 ORDERING pursuant to FRCP 41(a)(2), this entire action is dismissed with prejudice. CASE CLOSED. (Becknal, R)

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1 2 3 4 5 6 7 8 9 10 11 12 13 DEOS LAW, PC Linda Deos (SBN 179170) Deoslawyer@gmail.com 770 L Street, Suite 950 Sacramento, CA 95814 Tel.: (916) 442-4442 Fax: (916) 583-7693 John B. Keating (SBN 148729) JohnKeating@protonmail.com 236 West Portal Avenue #851 San Francisco, CA 94127 Tel.: (650) 851-5900 Fax: (650) 851-5912 LAW OFFICES OF CRAIG DAVIS Craig Davis (SBN 268194) cdavis@craigdavislaw.com 912 Cole Street, Suite 102 San Francisco, CA 94117-4316 Tel.: (415) 857-5820 Fax: (415) 795-4595 Attorneys for Plaintiff Antonio A. Lopez 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 ANTONIO A. LOPEZ, Plaintiff, 20 21 22 23 24 25 26 27 28 v. PRE-EMPLOY.COM, INC., Case No.: 2:16-cv-02205-TLN-KJN JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF THE ENTIRE ACTION Complaint Filed: Trial Date: September 15, 2016 Vacated Assigned To: Hon. Troy L. Nunley Defendant. 1 IT IS HEREBY STIPULATED by Plaintiff Antonio A. Lopez (“Plaintiff”) and Defendant 2 Pre-employ.com, Inc. (“Pre-employ”) (collectively, the “Parties”), by and through their respective 3 counsel of record: 4 1. At the Settlement Conference with Magistrate Judge Carolyn K. Delaney on October 5 1, 2018, the Parties settled this case and were ordered to file dispositional documents by November 1, 6 2018. (ECF 48). That deadline was later extended to January 14, 2019. (ECF 53, 55). 7 2. After learning that Plaintiff had recently filed a bankruptcy petition—thereby making 8 the proceeds from the settlement of this case property of the bankruptcy estate—Plaintiff’s counsel 9 sought a further extension of time to file dispositional documents. (ECF 56, 57). 10 3. On February 1, 2019, the Bankruptcy Court authorized the nunc pro tunc 11 employment of Plaintiff’s counsel of record in this case as Special Purpose Counsel to the bankruptcy 12 estate. 13 (E.D. Cal., Case 18-14415-A-7, ECF 35). 14 15 16 4. On March 23, 2019, the Bankruptcy Court approved the Parties’ settlement agreement in this case. (E.D. Cal., Case 18-14415-A-7, ECF 49). 5. Pursuant to FRCP 41(a)(2), the Parties now request an order from this Court that this 17 entire action be dismissed with prejudice. 18 IT IS SO STIPULATED. 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE Case No. 2:16-CV-02205-TLN-KJN 2 1 Dated: March 28, 2019 LAW OFFICES OF CRAIG DAVIS 2 /s/ Craig Davis 3 Craig Davis LAW OFFICES OF CRAIG DAVIS Attorney for Plaintiff, Antonio A. Lopez 4 5 6 7 8 Dated: March 28, 2019 ROPERS, MAJESKI, KOHN & BENTLEY /s/ Lawrence Borys (as authorized on 3/28/2019) Lawrence Borys ROPERS, MAJESKI, KOHN & BENTLEY Attorney for Defendant, Pre-employ.com, Inc. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE Case No. 2:16-CV-02205-TLN-KJN 3 1 IT IS SO ORDERED. 2 3 4 Dated: March 28, 2019 Troy L. Nunley United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE Case No. 2:16-CV-02205-TLN-KJN 4

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