Martin v. Kohl's Department Stores, Inc. et al

Filing 28

ORDER GRANTING 27 STIPULATION FOR DISMISSAL OF THE INIJUNCTIVE RELIEF ASPECT OF THE LAWSUIT AGAINST DEFENDANTS HARSCH INVESTMENT REALTY LLC, SERIES C, AND JAMESTOWN HARSCH ALAMEDA TOWNE CENTRE. Signed by Judge JEFFREY S. WHITE on 7/6/12. (jjoS, COURT STAFF) (Filed on 7/6/2012)

Case3:10-cv-05195-JSW Document27 Filed07/06/12 Page1 of 4

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

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CAROLYN MARTIN

CASE NO. C10-05195 JSW
Civil Rights

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Plaintiff,
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V.
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KOHL’S DEPARTMENT STORES,
INC; HARSCH INVESTMENT
REALTY LLC, SERIES C;
12 JAMESTOWN HARSCH
ALAMEDA TOWNE CENTRE,
13 LP, a Delaware Limited Partnership,
and DOES 1-25, Inclusive,
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Defendants.
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Stiplation And Order For Dismissal of Injunctive Relief Only

STIPULATION AND ORDER
FOR DISMISSAL OF THE
INJUNCTIVE RELIEF ASPECT
OF THE LAWSUIT AGAINST
DEFENDANTS HARSCH
INVESTMENT REALTY LLC,
SERIES C, AND JAMESTOWN
HARSCH ALAMEDA TOWNE
CENTRE, LP
FRCP section 41

Case3:10-cv-05195-JSW Document27 Filed07/06/12 Page2 of 4

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Plaintiff CAROLYN MARTIN and Defendants HARSCH

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INVESTMENT REALTY LLC, Series C, a Delaware limited liability company

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and JAMESTOWN HARSCH ALAMEDA TOWNE CENTRE, LP, whose name

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has been changed to, and is now known as, JAMESTOWN SOUTH SHORE

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CENTER, LP, by and through their attorneys of record, enter into this

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“STIPULATION AND ORDER FOR DISMISSAL OF THE INJUNCTIVE

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RELIEF ASPECT OF THE LAWSUIT AGAINST DEFENDANTS HARSCH

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INVESTMENT REALTY LLC, SERIES C, AND JAMESTOWN HARSCH

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ALAMEDA TOWNE CENTRE, LP” pursuant to Federal Rule of Civil

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Procedure section 41.

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Plaintiff filed this lawsuit on November 16, 2010.

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Plaintiff and Defendants hereto have entered into a “Mutual Release And

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Settlement Agreement For Injunctive Relief” which settles the injunctive relief

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aspect of the lawsuit against Defendants HARSCH INVESTMENT REALTY

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LLC, SERIES C, AND JAMESTOWN HARSCH ALAMEDA TOWNE

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CENTRE, LP, whose name has been changed to, and is now known as,

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JAMESTOWN SOUTH SHORE CENTER, LP . A copy of the “Mutual Release

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And Settlement Agreement For Injunctive Relief ” is incorporated by reference

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herein as if set forth in full. The Mutual Release And Settlement Agreement For

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Injunctive Relief” as to Defendants HARSCH INVESTMENT REALTY LLC,

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SERIES C, AND JAMESTOWN HARSCH ALAMEDA TOWNE CENTRE, LP

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states in part that “The court shall retain jurisdiction to enforce this Settlement

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Agreement...”. Plaintiff and Defendants hereto stipulate to the court retaining

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jurisdiction to enforce the “Mutual Release And Settlement Agreement For

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Injunctive Relief” as to Defendants hereto.

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Plaintiff moves to dismiss with prejudice the injunctive relief aspect of

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the lawsuit againstt against Defendants HARSCH INVESTMENT REALTY

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LLC, SERIES C AND JAMESTOWN HARSCH ALAMEDA TOWNE
Stiplation And Order For Dismissal of Injunctive Relief Only -1-

Case3:10-cv-05195-JSW Document27 Filed07/06/12 Page3 of 4

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CENTRE, LP, whose name has been changed to, and is now known as,

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JAMESTOWN SOUTH SHORE CENTER, LP .

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Defendants hereto, who have answered the complaint, agree to the

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dismissal with prejudice of the injunctive relief aspect of the lawsuit as to them

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only.

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Plaintiff’s claim for injunctive relief, damages, and attorney’s fees,

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litigation expenses, and costs against Defendant Kohl’s Department Stores, Inc ,

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

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costs against Defendants HARSCH INVESTMENT REALTY LLC, SERIES C

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AND JAMESTOWN HARSCH ALAMEDA TOWNE CENTRE, LP, whose

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name has been changed to, and is now known as, JAMESTOWN SOUTH

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SHORE CENTER, LP have not been resolved, presently are in the negotiation

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and mediation phase, and will be litigated if they are not resolved by negotiation

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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 CAROLYN MARTIN and Defendants HARSCH

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INVESTMENT REALTY LLC, SERIES C AND JAMESTOWN HARSCH

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ALAMEDA TOWNE CENTRE, LP, whose name has been changed to, and is

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now known as, JAMESTOWN SOUTH SHORE CENTER, LP, by and through

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their attorneys of record, so stipulate.

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Date: 7/5/12

SIDNEY J. COHEN
PROFESSIONAL CORPORATION

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/s/ Sidney J. Cohen
_____________________________
Sidney J. Cohen
Attorney for Plaintiff
Carolyn Martin

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Stiplation And Order For Dismissal of Injunctive Relief Only -2-

Case3:10-cv-05195-JSW Document27 Filed07/06/12 Page4 of 4

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Date: 6/29/12

FARELLA BRAUN + MARTEL
LLP

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/s/ Adam C Dawson
_____________________________
Adam C. Dawson
Attorney for Defendants
Harsch Investment Realty
LLC,Series C, a Delaware limited
liability company, Jamestown
Harsch Alameda Towne Centre, LP
And Jamestown South Shore Center,
LP

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PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED:

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The injunctive relief aspect of the lawsuit as against Defendants

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HARSCH INVESTMENT REALTY LLC, SERIES C AND JAMESTOWN

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HARSCH ALAMEDA TOWNE CENTRE, LP, whose name has been changed

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to, and is now known as, JAMESTOWN SOUTH SHORE CENTER, LP only is

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dismissed with prejudice. The Court shall retain jurisdiction to enforce the

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“Mutual Release And Settlement Agreement For Injunctive Relief ”between

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Plaintiff and Defendants HARSCH INVESTMENT REALTY LLC, SERIES C

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AND JAMESTOWN HARSCH ALAMEDA TOWNE CENTRE, LP, whose

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name has been changed to, and is now known as, JAMESTOWN SOUTH

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SHORE CENTER, LP

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Date:

July 6, 2012

Jeffrey S. White
United States District

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Stiplation And Order For Dismissal of Injunctive Relief Only -3-