Martin v. Cresson

Filing 15

STIPULATION AND ORDER re 13 Stipulation filed by Carolyn Martin. Signed by Judge Edward M. Chen on 3/20/09. (bpf, COURT STAFF) (Filed on 3/20/2009)

Case 3:08-cv-03276-EMC

Document 13

Filed 03/18/2009

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SIDNEY J. COHEN, ESQ., State Bar No. 39023 SIDNEY J. COHEN PROFESSIONAL CORPORATION 2 427 Grand Avenue Oakland, CA 94610 3 Telephone: [phone]
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Attorneys for Plaintiff CAROLYN MARTIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CAROLYN MARTIN Plaintiff, v. STIPULATION AND ORDER FOR DISMISSAL OF THE DAMAGES AND ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS ASPECTS OF THE LAWSUIT FRCP 41(a)(1)(ii) CASE NO. C 08-03276 EMC Civil Rights

DAVID V. CRESSON, AS 12 TRUSTEE OF THE DAVID V. CRESSON TRUST AGREEMENT; 13 DAVID V. CRESSON, Individually and dba ZABALLA HOUSE; and 14 DOES 1-25, Inclusive,
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Stipulation And Order For Dismissal Of The Damages And Attorney's Fees, Litigation Expenses, And Costs Aspects Of The Lawsuit

Defendants. /

Case 3:08-cv-03276-EMC

Document 13

Filed 03/18/2009

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Plaintiff and defendants, by and through their attorneys of record, file this "Stipulation And Order For Dismissal Of The Damages And Attorney's Fees, Litigation Expenses, And Costs Aspects Of The Lawsuit" pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). Plaintiff filed this lawsuit on July 8, 2008. Plaintiff and defendants have entered into a "Mutual Release And

Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs " which settles the damages and attorney's fees, litigation expenses, and costs aspects of the lawsuit. The "Mutual Release And Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs" is incorporated by reference herein as if set forth in full. Paragraph IIC of the "Mutual Release And Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs"states in part that "The Court shall retain jurisdiction to enforce the terms of this Settlement Agreement....." Plaintiff moves to dismiss with prejudice the damages and attorney's fees, litigation expenses, and costs aspects of the lawsuit against defendants.

Defendants, who have answered the complaint, agree to the dismissal of the damages and attorney's fees, litigation expenses, and costs aspects of the lawsuit with prejudice. 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 binding as original signatures. Wherefore, Plaintiff and Defendants, by their attorneys of record, so stipulate. Date: 3/17/09 SIDNEY J. COHEN PROFESSIONAL CORPORATION /s/ Sidney J. Cohen

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Stipulation And Order For Dismissal Of The Damages And Attorney's Fees, Litigation Expenses, And Costs Aspects Of The Lawsuit

Sidney J. Cohen Attorney for Plaintiff

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Case 3:08-cv-03276-EMC

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Filed 03/18/2009

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Date: 3/16/09

LAW OFFICE OF THOMAS O'HAGAN /s/ Harvey L. Goldhammer

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Harvey L. Goldhammer Attorney for All Defendants PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED: The damages and attorney's fees, litigation expenses, and costs aspects of the

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lawsuit against defendants are dismissed with prejudice. The Court shall retain
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jurisdiction to enforce the parties' "Mutual Release And Settlement Agreement For
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Stipulation And Order For Dismissal Of The Damages And Attorney's Fees, Litigation Expenses, And Costs Aspects Of The Lawsuit

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Damages And Attorney's Fees, Litigation Expenses, And Costs." S DISTRICT TE C TA Date: March 20, 2009 Edward M. Chen United States Magistrate Judge ERED O ORD IT IS S
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