DeFrancesco v. GS Associates Joint Venture et al

Filing 40

STIPULATION AND ORDER RE 39 TO DISMISS. Stipulation filed by COCOA DEVELOPMENT RETAIL, LLC dba GHIRARDELLI SQUARE GARAGE Signed by Judge Richard Seeborg on 5/31/11. (cl, COURT STAFF) (Filed on 5/31/2011)

*E-Filed 5/31/11*

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

1 CLIFFORD E. YIN (State Bar No. 173159)
MATTHEW C. DIRKES (State Bar No. 255215)
2 COBLENTZ, PATCH, DUFFY & BASS LLP
One Ferry Building, Suite 200
3 San Francisco, California 94111-4213
Telephone: [phone]
4 Facsimile: 415.989.1663
Email: [e-mail]
[e-mail]
5
6 Attorneys for Defendants COCOA
DEVELOPMENT RETAIL, LLC; JMA
7 VENTURES LLC; and COCOA PRC II, LLC
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9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA
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12
SEBASTIAN DEFRANCESCO,

Case No. C09-02044 - MHP

13
Plaintiff,

STIPULATION TO DISMISS AND
[PROPOSED] ORDER
PURSUANT TO FRCP RULE
41(A)(1)(A)(ii)

14
v.
15
COCOA DEVELOPMENT RETAIL, LLC
16 dba GHIRARDELLI SQUARE GARAGE;
JMA VENTURES LLC; COCOA PRC II,
17 LLC; and DOES 1-10, Inclusive,
Defendants.

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19
20

IT IS HEREBY STIPULATED by and between Plaintiff SEBASTIAN DeFRANCESCO

21 and Defendants COCOA DEVELOPMENT RETAIL, LLC dba GHIRARDELLI SQUARE
22 GARAGE; JMA VENTURES LLC; COCOA PRC II, LLC, through their designated counsel, that
23 this action be and is hereby dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii). The
24 parties will bear their own attorney fees and costs in connection with said dismissal. The Court
25 //
26 //
27 //
28 //
11811.008.1763877v1

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Case No. C09-02044 - MHP

STIPULATION TO DISMISS AND [PROPOSED] ORDER

1 retains jurisdiction to enforce the terms of the Consent Decree and Order entered by the Court on
2 August 11, 2010 (the "Consent Decree").
3 DATED: May 31, 2011

LAW OFFICES OF PAUL L. REIN

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5
By: /s/ Celia McGuinness
Celia McGuinness
Attorneys for Plaintiff
SEBASTIAN DEFRANCESCO

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA
415.391.4800 • FAX [phone]

94111-4213

6
7
8
DATED: May 31, 2011

COBLENTZ, PATCH, DUFFY & BASS LLP

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10
By: /s/ Clifford E. Yin
Clifford E. Yin
Attorneys for Defendants COCOA
DEVELOPMENT RETAIL, LLC; JMA
VENTURES LLC; and COCOA PRC II, LLC

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12
13
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15

[PROPOSED] ORDER BY THE COURT
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Pursuant to the parties' request, and for good cause shown, this matter is hereby
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dismissed WITH prejudice. The Court retains jurisdiction to enforce the terms of the Consent
18
Decree.
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IT IS SO ORDERED.
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22
5/31
23 DATED: _____________________, 2011
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26
Honorable RICHARD SEEBORG
United States District Court Judge

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11811.008.1763877v1

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Case No. C09-02044 - MHP

STIPULATION TO DISMISS AND [PROPOSED] ORDER