Neo v. Marina Brothers, Inc. et al

Filing 121

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT DONG PHUONG INC. Signed by Judge Alsup on September 11, 2009. (whalc1, COURT STAFF) (Filed on 9/11/2009)

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Richard C. J. Wahng (SBN 225672) Law Offices of Richard C. J. Wahng 152 Anza Street, Suite 201 Fremont, CA 94539 [phone] Telephone [phone] Fax Leon E. Jew (SBN 219298) 5776 Stoneridge Mall Rd., STE 288 Pleasanton, CA 94588 [phone] Telephone [phone] Fax Attorneys for plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AIK CHEONG NEO, an individual D/B/A PO Civil Action No. C09-00739 LO KU TRADING, and KAI CHANG HO, an individual STIPULATION OF DISMISSAL OF Plaintiffs DEFENDANT DONG PHUONG INC, a vs. California Corporation D/B/A ABC SUPERMARKET WITH PREJUDICE, MARINA BROTHERS, INC., a California Corporation D/B/A MARINA FOOD #5; PURSUANT TO FED. R. CIV. P. 41(a)(1) WELCOME MARKET, INC., a California AND ORDER Corporation D/B/A 99 RANCH MARKET; T. L. LONGCHAMP CORPORATION, a California Corporation D/B/A LION FOOD CENTER; WING WA, INC., a California Corporation D/B/A WING WA SUPERMARKET; NGU HANH SON INC. a California Corporation D/B/A CHO SENTER MARKET; ROYAL CAPITAL GROUP, LLC. D/B/A NEW ASIA SUPERMARKET; LINCHANG Liu and YI-HUI LIU, individuals D/B/A EIGHT-WAY VEGE; HAWAII SUPERMARKET; MY THUAN, INC. , a California Corporation D/B/A MY THUAN SUPERMARKET; DONG PHUONG INC, a California Corporation D/B/A ABC SUPERMARKET; SAIGON CITY INVESTMENT, INC., a California Corporation, D/B/A SAIGON CITY MARKETPLACE; CHUNG WORLD CORPORATION, a California Corporation, D/B/A QUANG MINH SUPERMARKET; HOA BINH GARDEN GROVE SUPERMARKET, INC., a California Corporation; KAM LEE YUEN TRADING CO., INC., a California Corporation; SUNNY GOLD INC., a New York Corporation; PO LO KU TRADING, INC., a New York Corporation; and JOHN DOES 1-20; Defendants.

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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 Dated: September 3, 2009 LAW OFFICES OF RICHARD C.J. WAHNG By: /s/ Richard C. J. Wahng Attorney for Plaintiffs Aik Cheong Neo, and individual and d/b/a Po Lo Ku Trading, and Kai Chang Ho, an individual Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading ("Neo"), and Kai Chang Ho, an individual ("Ho") and Defendant Dong Phuong, Inc., a California Corporation D/B/A ABC Supermarket ("ABC Supermarket") hereby stipulate and jointly request that the Court dismiss Neo's and Ho's claims against ABC Supermarket, with prejudice. Neo, Ho, and ABC Supermarket jointly declare the following in support of this request: WHEREAS the above-captioned action (the "Action") was commenced on February 19, 2009, with service accomplished upon ABC Supermarket thereafter. WHEREAS Neo, Ho, and ABC Supermarket have entered into a settlement agreement on June 24, 2009, resolving all of the claims against ABC Supermarket in the Action. NOW THEREFORE, IT IS HEREBY STIPULATED and agreed by Neo, Ho, and ABC Supermarket, and through their counsel of record, that Neo's and Ho's claims against ABC Supermarket be dismissed with prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. In accordance with the Agreement, Neo, Ho, and ABC Supermarket also request that this Court retain and have exclusive jurisdiction over Neo, Ho, and ABC Supermarket with respect to disputes arising under the Agreement, and further agree that any such disputes arising under the Agreement shall be heard before a Magistrate Judge. IT IS FURTHER STIPULATED and agreed by Neo, Ho, and ABC Supermarket, and through their counsel of record, that Neo, Ho, and ABC Supermarket are to bear their own costs and attorneys' fees. IT IS SO STIPULATED.

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Dated: September 2, 2009

OSWALD & YAP

By:

/s/ Jay Ying Chiu Attorneys for Defendant Dong Phuong, Inc. a California Corporation d/b/a ABC Supermarket

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 September 11, 2009 Dated: ________________________ ORDER Having considered Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading, and Kai Chang Ho, an individual, and Defendant Dong Phuong, Inc., a California Corporation D/B/A ABC Supermarket's Stipulation of Dismissal with Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) ("Amended Stipulation of Dismissal"), and for good cause appearing, it is hereby ORDERED that this Action, and associated cross-claims, is dismissed with prejudice as to Defendant Dong Phuong, Inc., a California Corporation D/B/A ABC Supermarket. IT IS FURTHER ORDERED that the Court shall retain and have exclusive jurisdiction over Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading and Kai Chang Ho, an individual, and Defendant Dong Phuong, Inc., a California Corporation D/B/A ABC Supermarket with respect to disputes arising under the Agreement, and any such disputes arising under the Agreement shall be heard before a Magistrate Judge. IT IS FURTHER ORDERED that Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading, and Kai Chang Ho, an individual, and Defendant Dong Phuong, Inc., a California Corporation D/B/A ABC Supermarket bear their own attorneys' fees and costs.

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