Skaff v. Shelter Point Equities Ltd et al

Filing 17

STIPULATION AND ORDER DISMISSING CASE with prejudice as to injunctive relief; Signed by Judge Marilyn Hall Patel on 1/20/2009. (awb, COURT-STAFF) (Filed on 1/20/2009)

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SIDNEY J. COHEN, ESQ., State Bar No. 39023 SIDNEY J. COHEN PROFESSIONAL CORPORATION 427 Grand Avenue Oakland, CA 94610 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff RICHARD SKAFF UNITED STATES DISTRICT COURT NOR THE RN DISTRICT OF CALIFORNIA RICHARD SKAFF Plaintiff, v. SHELTER POINT EQUITIES, LTD; ROBATA GRILL AND SUSHI LIMITED PARTNERSHIP; and DOES 1-25, Inclusive, Defendants. / Plaintiff Richard Skaff and defendants Shelter Point Equities, LTD and Robata Grill And Sushi Limited Partnership, by and through their attorneys of record, file this Stipulation of Dismissal pursuant to Federal Rule of Civil Procedure section 41 (a) (1) (ii). Plaintiff filed this lawsuit on March 11, 2008. Plaintiff and defendants have entered into a "Release And Settlement Agreement For Injunctive Relief Only" which settles the injunctive relief aspect of the lawsuit against all defendants. A copy of the "Release And Settlement Agreement For Injunctive Relief Only" is incorporated by reference herein as if set forth in full. Paragraph IID of the " Release And Settlement Agreement For Injunctive Relief Only"states in part that "The Court shall retain jurisdiction to enforce the terms of this Settlement Agreement....." Plaintiff and defendants stipulate to the court retaining jurisdiction to enforce the "Release And Settlement Agreement For Injunctive Relief Only." Plaintiff moves to dismiss with prejudice the injunctive relief aspect of lawsuit against
Stipulation And Order For Dismissal.

CASE NO. C 08-01384 MHP Civil Rights

STIPULATION AND ORDER FOR DISMISSAL OF THE INJUNCTIVE RELIEF ASPECT OF THE LAWSUIT ONLY FRCP section 41 (a) (1) (ii)

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defendants. Defendants, who have answered the Complaint, agree to the dismissal of the injunctive relief aspect of the lawsuit with prejudice. The damages and attorney's fees, litigation expenses, and costs aspects of the lawsuit have not been settled and are the subject of continuing litigation. This case is not a class action, and no receiver has been appointed. This Stipulation and Order may be signed in counterparts, and facsimile signatures shall be as valid and as binding as original signatures. Wherefore, plaintiff and defendants, by and through their attorneys of record, so stipulate. Date:12/24/08 SIDNEY J. COHEN PROFESSIONAL CORPORATION /s/ Sidney J. Cohen ______________________________ Sidney J. Cohen Attorney for Plaintiff Richard Skaff Date:12/23/08 FLAXMAN & BLAKELY /s/ Peter Flaxman Peter Flaxman Attorney for Defendant Shelter Point Equities, LTD Date:12/24/08 LIPPENBERGER, THOMPSON, WELCH, SOROKO, & GILBERT LLP /s/ Carl Lippenberger Carl Lippenberger Attorney for Defendant Robata Grill and Sushi Limited Partnership PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED:

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Stipulation And Order For Dismissal.

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Settlement Agreement For Injunctive Relief Only."The damages and attorney's fees, litigation expenses, and costs aspects of the lawsuit are the subject of continuing litigation.

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Stipulation And Order For Dismissal.

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Date: 1/20/2009

Marilyn Hall Patel ED Unit ed States DistrictER O ORD Judge S

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