Tenerelli v. Rite Aid Corporation

Filing 25

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/7/2019 ORDERING that this matter is DISMISSED upon the merits. The Court retains jurisdiction for 60 days to enforce the terms of the Parties' Settlement Agreement if Plaintiff fails to comply with the settlement terms and pay the agreed-upon attorneys' fees and costs to Defendant. (Washington, S)

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ROBERT C. BOWMAN, JR. (SBN 232388)
[e-mail]
LAURA REICH (SBN: 289115)
[e-mail]
LAW OFFICES OF BOWMAN & ASSOCIATES
3230 Ramos Circle
Sacramento, CA 95827
Tel.: [phone]
Fax: [phone]
Attorney for Plaintiff
PETER TENERELLI
JONATHAN ALLAN KLEIN (SBN 162071)
[e-mail]
SWETA H. PATEL (SBN 247115)
[e-mail]
ANNE F. MARCHANT (SBN 154356)
[e-mail]
KLEIN, HOCKEL, IEZZA & PATEL P.C.
455 Market Street, Suite 1480
San Francisco, CA 94105
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendant
RITE AID HDQTRS. CORP. (erroneously sued as RITE AID CORPORATION)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER TENERELLI, an individual,
Plaintiff,

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vs.
RITE AID CORPORATION; and DOES 1
through 100, inclusive,
Defendants.

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Case No.: 2:17-CV-01011-JAM-EFB
JOINT NOTICE OF SETTLEMENT
WITH RESPECT TO ATTORNEYS’
FEES AND COSTS; REQUEST FOR
SETTLEMENT ORDER OF DISMISSAL;
AND SETTLEMENT ORDER OF
DISMISSAL UPON THE MERITS WITH
RESERVATION OF JURISDICTION TO
ENFORCE SETTLEMENT AGREEMENT
AS TO ATTORNEYS’ FEES AND COSTS
FRCP, Rule 41

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JOINT NOTICE OF SETTLEMENT; REQUEST FOR SETTLEMENT ORDER OF DISMISSAL; AND
SETTLEMENT ORDER OF DISMISSAL WITH RESERVATION OF JURISDICTION
FOR ENFORCEMENT OF SETTLEMENT

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NOTICE IS HEREBY GIVEN TO THE COURT that following the Court’s Order

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Granting Defendant’s Motion for Summary Judgment (EFC No. 21) and Judgment (ECF No.

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22), the Parties hereto have reached a settlement with respect to Defendant’s recovery of costs

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and attorneys’ fees from Plaintiff. Accordingly, the Parties ask that the Court order this matter

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dismissed upon the merits, and that the Court retain jurisdiction to enforce the terms of the

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Parties’ Settlement Agreement if Plaintiff fails to comply with the settlement terms and pay the

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agreed-upon attorneys’ fees and costs to Defendant.

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DATED: May 7, 2019

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/s/ Robert C. Bowman Jr.
___________________________________
ROBERT C. BOWMAN JR.
Attorney for Plaintiff
PETER TENERELLI

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DATED: May 7, 2019

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KLEIN, HOCKEL, IEZZA & PATEL P.C.
/s/ Jonathan Allan Klein
___________________________________
JONATHAN ALLAN KLEIN
SWETA H. PATEL
ANNE F. MARCHANT
Attorneys for Defendant
RITE AID HDQTRS. CORP.

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LAW OFFICES OF BOWMAN & ASSOCIATES

IT IS HEREBY ORDERED that this matter is dismissed upon the merits. The Court
retains jurisdiction for 60 days to enforce the terms of the Parties’ Settlement Agreement if
Plaintiff fails to comply with the settlement terms and pay the agreed-upon attorneys’ fees and
costs to Defendant.
DATED: 5/7/2019
/s/ John A. Mendez___________
_________
JOHN A. MENDEZ,
UNITED STATES DISTRICT COURT JUDGE

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JOINT NOTICE OF SETTLEMENT; REQUEST FOR SETTLEMENT ORDER OF DISMISSAL; AND
SETTLEMENT ORDER OF DISMISSAL WITH RESERVATION OF JURISDICTION
FOR ENFORCEMENT OF SETTLEMENT