D'Lil v. Harsch Investment Corporation et al

Filing 13

ORDER OF DISMISSAL (whalc2, COURT STAFF) (Filed on 4/14/2009)

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Case 3:09-cv-00588-WHA Document 12 Filed 04/14/2009 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 (925) 588-0401 TIMOTHY S. THIMESCH, ESQ., No. 148213 GENE A. FARBER, ESQ., No. 44215 Of Counsel 158 Hilltop Crescent Walnut Creek, CA 94597-3452 Tel: 925-588-0401 Fax: 888-210-8868 Attorneys for Plaintiff HOLLYNN D'LIL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA HOLLYNN D'LIL, Plaintiff, v. HARSCH INVESTMENT CORP.; HARSCH INVESTMENT PROPERTIES, LLC; DCG INVESTMENT PROPERTIES, LLC; DOWNTOWN CENTER GARAGE PARTNERSHIP; ARELENE SCHNITZER; HAROLD J. SCHNITZER; DOE TRUSTEES 1 through 20; DOE GENERAL PARTNERS 21 through 35; and DOES 36 through 50, Inclusive, Defendants. CASE NO. C09-0588 WHA Civil Rights PLAINTIFF'S REQUEST FOR DISMISSAL WITH RETAINED JURISDICTION TO INTERPRET AND ENFORCE SETTLEMENT AGREEMENT; [Proposed] ORDER / The parties are pleased to report that the parties 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 now memorialized the settlement through written agreement. Therefore, the parties request that this Court dismiss the action with prejudice, and that the //// Request for Dismissal With Retained Jurisdiction: Case No. C09-0588 WHA Case 3:09-cv-00588-WHA Document 12 Filed 04/14/2009 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Court maintain continuing jurisdiction to interpret and enforce the settlement agreement. Dated: April 14, 2009 THIMESCH LAW OFFICES TIMOTHY S. THIMESCH, ESQ. GENE FARBER, ESQ. Of Counsel /S/ Signature Authorized Attorneys for Plaintiff HOLLYNN D'LIL APPROVED AS TO FORM: Dated: April 14, 2009 ADAM DAWSON MONALI S. SHETH FARELLA BRAUN + MARTEL LLP /S/ Signature Authorized Attorneys for Attorneys for Defendants HARSCH INVESTMENT CORP.; HARSCH INVESTMENT PROPERTIES, LLC; DCG INVESTMENTS PROPERTIES, LLC; DOWNTOWN CENTER GARAGE PARTNERSHIP and its DOE GENERAL PARTNERS; ARELENE SCHNITZER; HAROLD J. SCHNITZER; and the DOE TRUSTEES OF THE Harold J. Schnitzer Living Trust and Arlene Schnitzer Living Trust 21 22 23 24 25 26 27 28 158 HILLTOP CRESCENT WALNUT CREEK, CA 94597-3452 (925) 588-0401 UNIT ED ORDER SO ORDERED. April 14, 2009 S 20 ISTRIC ES D TC AT T ER HON. WILLIAM H. ALSUP C N D I S T I C T COURT JUDGE OF U.S. DISTRICTO F R The Court will retain jurisdiction over this action for one year only. Request for Dismissal With Retained Jurisdiction: Case No. C09-0588 WHA --2-- A LI Dated: FO Judge W ls illiam A up R NIA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H

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