Yates v. Sizzler Restaurant #571 et al

Filing 28

STIPULATION AND ORDER DISMISSING ACTION; Signed by Judge Marilyn Hall Patel on 12/8/2009. (awb, COURT STAFF) (Filed on 12/8/2009)

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158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 [phone]

TIMOTHY S. THIMESCH, ESQ., No. 148213 GENE A. FARBER, ESQ., No. 44215 ­ Of Counsel 158 Hilltop Crescent Walnut Creek, CA 94597-3452 Tel: [phone] Fax: [phone] Attorneys for Plaintiff CRAIG YATES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CRAIG YATES, Plaintiff, v. SIZZLER RESTAURANT # 571; BAY AREA HOSPITALITY GROUP; VIJAY K. BHATIA; SIZZLER USA REAL PROPERTY, INC.; SIZZLER USA RESTAURANTS, INC.; WILTSHIRE PROPERTIES; WILTSHIRE PROPERTIES, LLC; WILTSHIRE FAMILY PROPERTIES, LLC; ALBERT M. S WILTSHIRE; TIMOTHY A. WILTSHIRE; SHAUN WILTSHIRE; MICHAEL WILTSHIRE; and DOES 1 through 50, Inclusive., Defendants. / CASE NO. C08-05804 MHP Civil Rights REQUEST FOR DISMISSAL WITH RETAINED JURISDICTION TO INTERPRET AND ENFORCE THE SETTLEMENT AGREEMENT; [Proposed] ORDER OF DISMISSAL

Thanks to the efforts of the ADR Department and Mediator Robin Siefken, Esq., the parties are pleased to report they have reached a complete settlement in all respects, including plaintiff's claims for injunctive relief, statutory damages, and reasonable statutory attorney fees, litigation expenses and costs. The parties have memorialized the settlement through written agreement, and request the dismissal of the action with prejudice, with the Court maintaining continuing jurisdiction to interpret and enforce the settlement agreement. For this purpose, the parties request that the Court set aside its previous Ninety-Day Conditional Order of Dismissal at
Notice of Pending Settlement; Request for Dismissal With Retained Jurisdiction; Order: Case No. C08-05804 MHP

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158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 [phone]

(CD 26) in favor of the instant Request for Dismissal with Retained Jurisdiction.

Dated: December 3, 2009

THIMESCH LAW OFFICES TIMOTHY S. THIMESCH, ESQ. GENE FARBER, ESQ. ­ Of Counsel /S/ Signature Authorized Attorneys for Plaintiff CRAIG YATES

APPROVED AS TO FORM: Dated: December 3, 2009 LAWRENCE A. BASKIN KRAUSE AND BASKIN /s/ Authorized Signed Attorneys for Defendants TIMOTHY A. WILTSHIRE; WILTSHIRE FAMILY PROPERTIES, LLC; and WILTSHIRE PROPERTIES Dated: December 3, 2009 ANDERSON, McPHARLAN & CONNERS LLP D. DAMON WILLENS ESQ. /s/ Authorized Signed Attorneys for Defendants SIZZLER USA REAL PROPERTY, INC. and SIZZLER USA RESTAURANTS, INC. Dated: December 3, 2009 LAW OFFICES OF COURTNEY M. COATES COURTNEY M. COATES, ESQ. /s/ Authorized Signed Attorneys for Defendants SIZZLER RESTAURANT # 571; BAY AREA HOSPITALITY, INC.; and VIJAY K. BHATIA

ORDER SO ORDERED.

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Dated: 12/8/2009

Notice of Pending Settlement; Request for Dismissal With Retained Jurisdiction; Order: Case No. C08-05804 MHP

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