Yates v. King of the Roll II et al

Filing 34

STIPULATION AND ORDER OF DISMISSAL re 33 Proposed Order filed by Craig Yates. Signed by Judge Edward M. Chen on 10/25/10. (bpf, COURT STAFF) (Filed on 10/25/2010)

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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 28 158 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 CRAIG YATES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CRAIG YATES, Plaintiff, v. KING OF THE ROLL II, et al., Defendants. / CASE NO. CV 09 1901 EMC 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 Hadden Roth, 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 Notice of Pending Settlement; Request for Dismissal With Retained Jurisdiction; Order: Case No. CV 09 1901 EMC 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 continuing jurisdiction to interpret and enforce the settlement agreement. Dated: October 11, 2010 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: October 11, 2010 NIXON PEABODY LLP /s/ Authorized Signed ELLEN M. PAPADAKIS Attorneys for Defendants JOHN WEN (a/k/a WAYNE CHANG) and VANNA HUANG, d/b/a/ KING OF THE ROLL II Dated: October 11, 2010 J. R. HASTINGS LAW CORPORATION /s/ Authorized Signed James R. Hastings Attorneys for Defendants JOHN C. REYNOLDS and DOLORES A. REYNOLDS ORDER SO ORDERED. Dated: 10/25/10 UNIT ED S S DISTRICT TE C TA . ER N F D IS T IC T O R Notice of Pending Settlement; Request for Dismissal With Retained Jurisdiction; Order: Case No. CV 09 1901 EMC A C --2-- LI FO dwa Judge E rd M. C hen R NIA EDWARD M. CHEN RDE OO IT IS S MAGISTRATE JUDGE U.S. DISTRICT COURT RED RT U O NO RT H

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