Juarez et al v. Jani-King of California, Inc. et al

Filing 196

ORDER re 193 STIPULATION FOR DISMISSAL OF ALL REMAINING CLAIMS. Signed by Judge Samuel Conti on 11/28/2012. (sclc1, COURT STAFF) (Filed on 11/28/2012)

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JAMES C. STURDEVANT (SBN 94551)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
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Benjamin K. Riley (SBN 112007)
([e-mail])
BARTKO, ZANKEL, TARRANT & MILLER
900 Front Street, Suite 300
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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(Additional Counsel Listed on Last Page)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ALEJANDRO JUAREZ, et al.,

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Case No.: CV09-03495 SC

Plaintiffs,
STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL OF ALL REMAINING
CLAIMS

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v.

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JANI-KING OF CALIFORNIA, INC., a Texas
Corporation, et al.,

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Defendants.
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Complaint filed: June 22, 2009
JANI-KING OF CALIFORNIA, INC., a Texas Counterclaim filed: November 22, 2010
Corporation,

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Counterclaimant,
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v.
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ALEJANDRO JUAREZ and MARIA
JUAREZ,
Counterclaim Defendants.

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING CLAIMS
Case No. CV 09-03495 SC SC

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The parties, through their undersigned attorneys of record, hereby stipulate under Fed. R.

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Civ. P. 41(a)(2) and (c) that all remaining claims and counterclaims of all remaining parties in this

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case are dismissed with prejudice and on the merits, with each side to bear its own costs and

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attorneys’fees.

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The parties agree that this stipulation shall not affect the rights of Plaintiffs to appeal, once

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judgment is entered pursuant to this stipulation and order, the Court’ prior dismissal, in the Court’
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January 23, 2012 Order, of Counts VIII through XIII of Plaintiffs’First Amended Complaint (Dkt.

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No. 32), and the rights of Plaintiffs to appeal the Court’ March 4, 2012 Order denying class
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certification as to Counts VIII through XIII of Plaintiffs’First Amended Complaint or to seek class

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certification as to Counts VIII through XIII of Plaintiffs’First Amended Complaint in the event of

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the success of Plaintiffs’appeal. The parties also agree that this stipulation shall not affect the rights

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of Plaintiffs to seek any costs and attorneys’fees that are recoverable under the law related to

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prosecuting Counts VIII through XIII of Plaintiffs’First Amended Complaint should they ultimately

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prevail on the merits of any of those claims. The parties also agree that this stipulation shall not

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affect the rights of Defendants to defend on the merits any appeal or further proceedings in the

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district court in the event of a successful appeal.

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Luis Romero accepted an offer of judgment on all of his claims. [Dkt. No. 148.] The parties

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disagree about the effect of Romero’ acceptance of the offer of judgment on his rights, if any, to the
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appeals referenced above. The parties leave it to the normal operation of the law to determine

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whether Romero has such rights in light of the judgment that was entered on his claims. Nothing in

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this stipulation shall be interpreted to support a finding that Romero has or does not have such rights.

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NOW, THEREFORE, the parties agree to entry of the proposed order submitted herewith.

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING CLAIMS
Case No. CV 09-03495 SC

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DATED: November 15, 2012

Respectfully submitted,

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THE STURDEVANT LAW FIRM
A Professional Corporation

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TALAMANTES/VILLEGAS/CARRERA, LLP

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DUCKWORTH PETERS LEBOWITZ
OLIVIER LLP

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LICHTEN & LISS-RIORDAN, P.C.

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By: s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs

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FAEGRE BAKER DANIELS LLP
BARTKO, ZANKEL, TARRANT & MILLER

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By: s/ Kerry L. Bundy
Kerry L. Bundy
Aaron Van Oort
Attorneys for Defendants

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING CLAIMS
Case No. CV 09-03495 SC

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[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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November 28, 2012
Dated:
The Honorable Samuel Conti
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING CLAIMS
Case No. CV 09-03495 SC