Trice v. Primitives by Kathy, Inc.

Filing 14

ORDER signed by District Judge Troy L. Nunley on 7/5/2017 DISMISSING this action pursuant to F.R.Cv.P. Rule 41(a)(2), with prejudice, and without the award of attorneys' fees and costs to any party; ORDERING that the Court retain jurisdiction ov er the parties, and any others who are subject to the Settlement Agreement entered into between the parties to this action, for the purposes of enforcing, interpreting, or deciding any claim of breach of the Settlement Agreement. CASE CLOSED. (Michel, G.)

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1 2 3 4 5 CHRISTOPHER J. PASSARELLI, State Bar No. 241174 JOY L. DURAND, State Bar No. 245413 DICKENSON, PEATMAN & FOGARTY 1455 First Street, Suite 301 Napa, California 94559 Telephone: (707) 252-7122 Facsimile: (707) 255-6876 Attorneys for Plaintiff CHRISTINE N. TRICE 6 7 8 9 10 11 12 13 DANIEL L. BAXTER, State Bare No. 203862 WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP 400 Capitol Mall, Twenty-Second Floor Sacramento, California 95814 Telephone: (916) 441-2430 LAURA A. GENOVESE, Pro Hac Vice K & G LAW LLC 602 S. Bethlehem Pike, Bldg. B, 2nd Fl. Ambler, Pennsylvania 19002 Telephone: 267-468-7961 Attorneys for Defendant PRIMITIVES BY KATHY, INC. 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 CHRISTINE N. TRICE, 19 20 21 22 Plaintiff, vs. CASE NO. 17-cv-00586-TLN-CKD STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE AND WITHOUT ATTORNEYS’ FEES OR COSTS AWARDED TO ANY PARTY PRIMITIVES BY KATHY, INC., Defendant. 23 24 25 26 27 28 STIPULATION AND ORDER FOR DISMISSAL 1 1 WHEREAS, on or about June 29, 2017, Plaintiff CHRISTINE N. TRICE (“Plaintiff”), 2 and Defendant PRIMITIVES BY KATHY, INC. (“Defendant”) (collectively, the “Parties”), 3 entered into a settlement agreement (the “Settlement Agreement”), fully and finally releasing 4 each other for any and all claims and defenses that were or could have been brought in this 5 action, upon full compliance with the terms of the Settlement Agreement; 6 7 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, and subject to the approval of the Court, that: 8 1. This action and all related claims be dismissed pursuant to Rule 41(a)(2) of the 9 Federal Rules of Civil Procedure, with prejudice and without attorneys’ fees or costs awarded 10 to any party; 11 2. The Court shall retain jurisdiction over the Parties and any others who are subject to 12 the Settlement Agreement for purposes of enforcing, interpreting, or deciding any claim of 13 breach of the Settlement Agreement. 14 15 IT IS SO STIPULATED. Dated: June 30, 2017 DICKENSON, PEATMAN & FOGARTY 16 By /s/ Christopher J. Passarelli Christopher J. Passarelli Joy L. Durand 17 18 19 Attorneys for Plaintiff, Christine N. Trice 20 21 Dated: June 30, 2017 K & G LAW LLC 22 23 24 25 By /s/ Laura A. Genovese Laura A. Genovese Attorneys for Defendant, Primitives by Kathy, Inc. 26 27 28 STIPULATION AND ORDER FOR DISMISSAL 2 1 ORDER 2 3 Pursuant to the Stipulation of Plaintiff CHRISTINE N. TRICE and Defendant 4 PRIMITIVES BY KATHY, INC. (collectively, the “Parties”), and good cause being shown 5 thereby, it is hereby ORDERED that: 6 7 8 9 10 11 1. This action is dismissed pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, with prejudice and without attorneys’ fees or costs awarded to any party; 2. The Court shall retain jurisdiction over the Parties, and any others who are subject to the Settlement Agreement entered into between the parties to this action, for the purposes of enforcing, interpreting, or deciding any claim of breach of the Settlement Agreement. IT IS SO ORDERED. 12 13 Dated: July 5, 2017 14 Troy L. Nunley United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER FOR DISMISSAL 3

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