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

Filing 23

ORDER re 22 STIPULATION WITH PROPOSED ORDER FOR DISMISSAL OF THE DAMAGES AND ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS ASPECTS OF THE LAWSUIT AGAINST BLAKE'S RESTAURANT GROUP, LLC, dba BRICK & BOTTLE ONLY filed by Richard Skaff. Signed by Judge Charles R. Breyer on 6/28/2012. (beS, COURT STAFF) (Filed on 7/3/2012)

Case3:10-cv-05296-CRB Document22 Filed06/26/12 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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RICHARD SKAFF

CASE NO. C 10-05296 CRB

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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
DAMAGES AND ATTORNEY’S
FEES, LITIGATION EXPENSES,
AND COSTS ASPECTS 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 DAMAGES AND

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ATTORNEY’S FEES, LITIGATION EXPENSES, AND COSTS ASPECTS OF

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THE LAWSUIT AGAINST BLAKE’S RESTAURANT GROUP, LLC, dba

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BRICK & BOTTLE ONLY” pursuant to Federal Rule of Civil Procedure section

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41.

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Plaintiff filed this lawsuit on November 23, 2010.

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Plaintiff and Defendant BLAKE’S RESTAURANT GROUP, LLC,

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dba BRICK & BOTTLE previously have settled the injunctive relief aspect of

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the lawsuit between them, and the Court has dismissed with prejudice the

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injunctive relief aspect of the lawsuit against Defendant BLAKE’S

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Stipulation And Order Of Dismissal

Case3:10-cv-05296-CRB Document22 Filed06/26/12 Page2 of 3

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RESTAURANT GROUP, LLC, dba BRICK & BOTTLE (Docket item 20).

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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 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 aspects of the lawsuit against Defendant BLAKE’S RESTAURANT

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GROUP,LLC, dba BRICK & BOTTLE.
Plaintiff moves to dismiss with prejudice the damages and attorney’s fees,

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litigation expenses, and costs aspects of the lawsuit against Defendant
BLAKE’S RESTAURANT 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, agrees to the dismissal with prejudice

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of the damages and attorney’s fees, litigation expenses, and costs aspect of the

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lawsuit as to it only.

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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.
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: 6/25/12

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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//
//

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Stipulation And Order Of Dismissal

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Case3:10-cv-05296-CRB Document22 Filed06/26/12 Page3 of 3

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Date: 6/18/12

GORDON & REES
/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 damages and attorney’s fees, litigation expenses, and costs aspects of
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the lawsuit as against Defendant BLAKE’S RESTAURANT GROUP, LLC, dba
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BRICK & BOTTLE only is dismissed with prejudice.
S DISTRICT
TE
C
Date: June 28, 2012
TA
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Charles R. Breyer
United States District Judge
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DERED
SO OR
IT IS
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Stipulation And Order Of Dismissal

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