Arnold v. Doubletree DTWC LLC et al

Filing 31

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 12/6/2011. (bzsec, COURT STAFF) (Filed on 12/6/2011)

SIDNEY J. COHEN, ESQ., State Bar No. 39023
SIDNEY J. COHEN PROFESSIONAL CORPORATION
2 427 Grand Avenue
Oakland, CA 94610
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
CONNIE ARNOLD

FOLGER LEVIN LLP
JIYUN CAMERON LEE State Bar No. 161667
7 199 Fremont Street, 23rd Floor
San Francisco, CA 94105
8 Telephone: [phone]
Facsimile: [phone]
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Attorney for All Defendants
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
CONNIE ARNOLD

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CASE NO. C 10-02610 BZ
Civil Rights

Plaintiff,

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v.

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DOUBLETREE DTWC
LLC; HLT OPERATE DTWC
LLC; RLH PARTNERSHIP,
L.P.; DOUBLETREE
MANAGEMENT, LLC;
and DOES 1-25, Inclusive,

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STIPULATION AND ORDER FOR
DISMISSAL OF INJUNCTIVE
RELIEF ASPECT OF THE LAWSUIT
ONLY
FRCP section 41

Defendants.
/

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STIPULATION

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Plaintiff CONNIE ARNOLD and Defendants DOUBLETREE DTWC
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LLC, HLT OPERATE DTWC LLC, RLH PARTNERSHIP, L.P., and
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DOUBLETREE MANAGEMENT, LLC, by and through their counsel, file this
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“STIPULATION AND ORDER FOR DISMISSAL OF INJUNCTIVE RELIEF
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ASPECT OF THE LAWSUIT ONLY” pursuant to Federal Rule of Civil
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Procedure section 41.
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Plaintiff filed this lawsuit on June 14, 2010.
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Plaintiff and Defendants have entered into a “Release And Settlement
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Stipulation And Order For Dismissal

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Agreement For Injunctive Relief” which settles the injunctive relief aspect of the

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lawsuit against all Defendants. A copy of the “Release And Settlement

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Agreement For Injunctive Relief” is attached as Exhibit 1 and incorporated by

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reference herein as if set forth in full. The Exhibit 1 Settlement Agreement states

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in part at paragraph 8a that “The court shall retain jurisdiction to enforce this

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Settlement Agreement,...” and that “...this Agreement is conditioned on the Court

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retaining such jurisdiction.”

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Plaintiff and Defendants stipulate to the court retaining jurisdiction to
enforce the parties’ “Release And Settlement Agreement For Injunctive Relief.
Plaintiff moves to dismiss with prejudice the injunctive relief aspect of the
lawsuit against Defendants.
Defendants, who have answered the complaint, agree to the dismissal with
prejudice of the injunctive relief aspect of the lawsuit.

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As set forth in paragraphs 1, 3a, 8b, and 9 of the Exhibit 1 Settlement

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Agreement, Plaintiff’s claim for damages and claim for attorney’s fees, litigation

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expenses, and costs have not been resolved, presently are in the negotiation and

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mediation phase, and will be litigated if the parties are not able to resolve them

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by negotiation and/or mediation.

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This case is not a class action, and no receiver has been appointed.

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This Stipulation and Order may be signed in counterparts, and facsimile or

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electronically transmitted signatures shall be as valid and as binding as original

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signatures.

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Wherefore, plaintiff and Defendants, by and through their attorneys of

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record, so stipulate.

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Date: 12/6/11

SIDNEY J. COHEN
PROFESSIONAL CORPORATION

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/s/ Sidney J. Cohen
________________________ ____
Siney J. Cohen
Attorney for Plaintiff Connie Arnold

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Stipulation And Order For Dismissal

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Date: Dec. 6, 2011

FOLGER LEVIN LLP

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/s/ Jiyun Cameron Lee

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Jiyun Cameron Lee
Attorney for All Defendants

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED:
The injunctive relief aspect of the lawsuit against Defendants is dismissed

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with prejudice. The Court shall retain jurisdiction to enforce the parties’ “Release

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And Settlement Agreement For Injunctive Relief.”

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Date: December 12, 2011

____________________________
Bernard Zimmerman
United States Magistrate Judge

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Stipulation And Order For Dismissal

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