Skaff v. Blake's Restaurant Group, LLC et al

Filing 20

ORDER granting 19 STIPULATION WITH PROPOSED ORDER STIPULATION AND ORDER FOR DISMISSAL OF THE INJUNCTIVE RELIEF ASPECT OF THE LAWSUIT AGAINST BLAKE'S RESTAURANT GROUP, LLC, dba BRICK AND BOTTLE ONLY filed by Richard Skaff.. Signed by Judge Charles R. Breyer on 3/2/2012. (beS, COURT STAFF) (Filed on 3/5/2012)

Case3:10-cv-05296-CRB Document19 Filed02/29/12 Page1 of 3

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
RICHARD SKAFF

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CASE NO. C 10-05296 DMRCRB

RICHARD SKAFF
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Plaintiff,

Civil Rights

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V.
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BLAKE’S RESTAURANT GROUP,
LLC, dba BRICK & BOTTLE;
IJ MARKETPLACE, LLC; RIELLY
12 MARKETPLACE, LLC; FAIR
OAKS MARKETPLACE, LLC;
13 ROSEVILLE MARKETPLACE,
LLC; and DOES 1-25, Inclusive,
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Defendants.
/

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STIPULATION AND ORDER
FOR DISMISSAL OF THE
INJUNCTIVE RELIEF ASPECT
OF THE LAWSUIT AGAINST
BLAKE’S RESTAURANT
GROUP, LLC, dba BRICK &
BOTTLE ONLY
FRCP section 41

Plaintiff Richard Skaff and Defendant Blake’s Restaurant Group, LLC,

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dba Brick & Bottle, 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 BLAKE’S RESTAURANT

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GROUP, LLC, dba BRICK & BOTTLE ONLY” pursuant to Federal Rule of

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Civil Procedure section 41.

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Plaintiff filed this lawsuit on November 23, 2010.

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Plaintiff and Defendant BLAKE’S RESTAURANT GROUP,

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LLC, dba BRICK & BOTTLE have entered into a “Mutual Release And

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Settlement Agreement For Injunctive Relief Only” which settles the injunctive

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relief aspect of the lawsuit against Defendant BLAKE’S RESTAURANT

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GROUP,LLC, dba BRICK & BOTTLE. A copy of the “Mutual Release And

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Stipulation And Order Of Dismissal

Case3:10-cv-05296-CRB Document19 Filed02/29/12 Page2 of 3

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Settlement Agreement For Injunctive Relief Only” 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 Only” as to Defendant BLAKE’S RESTAURANT GROUP,

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LLC, dba BRICK & BOTTLE states in part that “The court shall retain

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jurisdiction to enforce this Settlement Agreement...”. Plaintiff and Defendant

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BLAKE’S RESTAURANT GROUP,LLC, dba BRICK & BOTTLE stipulate to

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the court retaining jurisdiction to enforce the “Mutual Release And Settlement

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Agreement For Injunctive Relief Only” as to Defendant BLAKE’S

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RESTAURANT GROUP, LLC, dba BRICK & BOTTLE.

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Plaintiff moves to dismiss with prejudice the injunctive relief aspect of

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the lawsuit against Defendant against Defendant BLAKE’S RESTAURANT

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GROUP,LLC, dba BRICK & BOTTLE only.

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Defendant BLAKE’S RESTAURANT GROUP,LLC, dba BRICK &

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BOTTLE, who has answered the complaint, agree to the dismissal with prejudice

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of the injunctive relief aspect of the lawsuit as to it 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 Defendants IJ MARKETPLACE, LLC,

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RIELLY MARKETPLACE, LLC, FAIR OAKS MARKETPLACE, LLC, and

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ROSEVILLE MARKETPLACE, LLC , and Plaintiff’s claim for damages and

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attorney’s fees, litigation expenses, and costs against Defendant BLAKE’S

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RESTAURANT GROUP, LLC, dba BRICK & BOTTLE have not been

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resolved, presently are in the negotiation and mediation phase, and will be

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litigated if they are not resolved them by negotiation 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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Stipulation And Order Of Dismissal

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Case3:10-cv-05296-CRB Document19 Filed02/29/12 Page3 of 3

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Wherefore, Plaintiff and Defendant BLAKE’S RESTAURANT GROUP,

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LLC, dba BRICK & BOTTLE, by and through their attorneys of record, so

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stipulate.

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Date: 2/28/12

SIDNEY J. COHEN
PROFESSIONAL CORPORATION

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/s/ Sidney J. Cohen
_____________________________
Sidney J. Cohen
Attorney for Plaintiff
Richard Skaff

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Date: 2/28/12

GORDON & REES

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/s/ Kevin Whittaker
_____________________________
Kevin Whittaker
Attorney for Defendant Blake’s
Restaurant Group, LLC. dba
Brick & Bottle

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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 Defendant BLAKE’S
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RESTAURANT GROUP, LLC, dba BRICK & BOTTLE only is dismissed with
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prejudice. The Court shall retain jurisdiction to enforce the “Mutual Release And
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Settlement Agreement For Injunctive Relief Only”between Plaintiff and
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Defendant BLAKE’S RESTAURANT GROUP, LLC, dba BRICK & BOTTLE.
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Date: March 2, 2012

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Stipulation And Order Of Dismissal

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