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

Filing 48

ORDER GRANTING 47 STIPULATION FOR DISMISSAL OF THE DAMAGES AND ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS ASPECT, AND ALL OTHER REMAINING ASPECTS, OF THE LAWSUIT AGAINST DEFENDANT KOHL'S DEPARTMENT STORES, INC. Signed by Judge Jeffrey S. White on 5/20/13. (jjoS, COURT STAFF) (Filed on 5/20/2013)

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 Damages And
Attorney’s Fees, Litigation Expenses, And Cost

STIPULATION AND ORDER
FOR DISMISSAL OF THE
DAMAGES AND ATTORNEY’S
FEES, LITIGATION EXPENSES,
AND COSTS ASPECT, AND ALL
OTHER REMAINING ASPECTS,
OF THE LAWSUIT AGAINST
DEFENDANT KOHL’S
DEPARTMENT STORES, INC.
FRCP section 41

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Plaintiff CAROLYN MARTIN and Defendant KOHL’S

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DEPARTMENT STORES, INC., by and through their attorneys of record, enter

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into this “STIPULATION AND ORDER FOR DISMISSAL OF THE

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DAMAGES AND ATTORNEY’S FEES, LITIGATION EXPENSES, AND

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COSTS ASPECT, AND ALL OTHER REMAINING ASPECTS, OF THE

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LAWSUIT AGAINST DEFENDANT KOHL’S DEPARTMENT STORES,

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INC.” pursuant to Federal Rule of Civil Procedure section 41.

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Plaintiff filed this lawsuit on November 16, 2010.

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

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Settlement Agreement For Damages And Attorney’s Fees, Litigation Expenses,

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And Costs ” which settles the damages and attorney’s fees, litigation expenses,

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and costs aspect, and all other remaining aspects, of the lawsuit against

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Defendant KOHL’S DEPARTMENT STORES, INC. A copy of the “Mutual

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Release And Settlement Agreement For Damages And Attorney’s Fees,

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Litigation Expenses, And Costs ” is incorporated by reference herein as if set

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forth in full. The Mutual Release And Settlement Agreement For Damages And

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Attorney’s Fees, Litigation Expenses, And Costs” states in part that “The court

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shall retain jurisdiction to enforce this Settlement Agreement...”. Plaintiff and

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Defendant hereto stipulate to the court retaining jurisdiction to enforce the

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“Mutual Release And Settlement Agreement For Damages And Attorney’s Fees,

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Litigation Expenses, And Costs.”

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Plaintiff moves to dismiss with prejudice the damages and attorney’s fees,

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litigation expenses, and costs aspect, and all other remaining aspects, of the

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lawsuit against Defendant KOHL’S DEPARTMENT STORES, INC.

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Defendant KOHL’S DEPARTMENT STORES, INC., who has answered

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the complaint, agrees to the dismissal with prejudice of the damages and

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attorney’s fees, litigation expenses, and costs aspect, and all other remaining

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Stiplation And Order For Dismissal Of Damages And
Attorney’s Fees, Litigation Expenses, And Cost

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aspects, of the lawsuit as to it.

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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 Defendant KOHL’S

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DEPARTMENT STORES, INC, by and through their attorneys of record, so

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stipulate.

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Date: 5/14/13

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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Date: May14, 2013

K & L GATES LLP

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/s/ Timothy L. Pierce
_____________________________
Timothy L. Pierce
Attorney for Defendant
Kohl’s Department Stores, Inc.

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

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The damages and attorney’s fees, litigation expenses, and costs aspect,

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and all other remaining aspects, of the lawsuit as against Defendant KOHL’S

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DEPARTMENT STORES, INC. is dismissed with prejudice. The Court shall

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retain jurisdiction to enforce the “Mutual Release And Settlement For Damages

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And Attorney’s Fees, Litigation Expenses, And Costs ” between Plaintiff and

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Defendant KOHL’S DEPARTMENT STORES, INC.

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Date: May 20, 2013
Jeffrey S. White
United States District Judge

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Stiplation And Order For Dismissal Of Damages And
Attorney’s Fees, Litigation Expenses, And Cost

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