Yates et al v. 3407 Sacramento Street LLC

Filing 13

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 9/21/09. (be, COURT STAFF) (Filed on 9/22/2009)

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1 2 3 4 5 6 7 THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A Professional Law Corporation 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: 415/674-8600 Facsimile: 415/674-9900 Attorneys for Plaintiffs CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CRAIG YATES, an individual; and ) DISABILITY RIGHTS, ENFORCEMENT, ) EDUCATION, SERVICES:HELPING ) YOU HELP OTHERS, a California public ) benefit corporation, ) ) Plaintiffs, ) ) v. ) ) 3407 SACRAMENTO STREET LLC, a ) limited liability company, ) ) Defendant. ) ___________________________________ ) CASE NO. CV-08-4875-CRB STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON The parties, by and through their respective counsel, stipulate to dismissal of this action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. /// /// /// /// /// /// /// STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON 08-4875-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Therefore, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure Rule 41(a)(1). Respectfully submitted, Dated: August 24, 2009 THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION By: /s/ Thomas E. Frankovich Attorneys for Plaintiffs CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES Dated: August 25, 2009 ROBERT T. FRIES, CARTER, CARTER, FRIES & GRUNSCHLAG By: /s/ Robert T. Fries Attorneys for Defendant 3407 SACRAMENTO STREET LLC, a limited liability company ORDER IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). 24 25 26 27 28 ER N STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON D IS T IC T R 08-4875-CRB OF A C LI -2- FO harles Judge C R. Brey er R NIA HONORABLE CHARLES R. ERED D BREYER S Judge United StatesIDistrictO ORof California T IS UNIT ED Dated: S 23 September 21 , 2009 S DISTRICT TE C TA RT U O NO RT H

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