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

Filing 25

ORDER DISMISSING CASE with Prejudice re 24 STIPULATION WITH PROPOSED ORDER FOR DISMISSAL OF IJ MARKETPLACE, LLC, RIELLY MARKETPLACE, LLC, FAIR OAKS MARKETPLACE, LLC, AND ROSEVILLE MARKETPLACE, LLC filed by Richard Skaff. Rielly Marketplace, LLC, Roseville Marketplace, LLC, Fair Oaks Marketplace, LLC and IJ Marketplace, LLC. Signed by Judge Charles R. Breyer on 8/2/2012. (beS, COURT STAFF) (Filed on 8/2/2012)

Case3:10-cv-05296-CRB Document24 Filed08/02/12 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 Of Dismissal

STIPULATION AND ORDER
FOR DISMISSAL OF IJ
MARKETPLACE, LLC,
RIELLY MARKETPLACE, LLC,
FAIR OAKS MARKETPLACE,
LLC, AND ROSEVILLE
MARKETPLACE, LLC
FRCP section 41

Case3:10-cv-05296-CRB Document24 Filed08/02/12 Page2 of 3

Plaintiff Richard Skaff and defendants IJ Marketplace, LLC, Rielly

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Marketplace, LLC, Fair Oaks Marketplace, LLC, and Roseville Marketplace,

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LLC, by and through their attorneys of record, file this Stipulation of Dismissal

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pursuant to Federal Rule of Civil Procedure section 41.

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Plaintiff filed this lawsuit on November 23, 2010.

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Plaintiff and defendants have entered into a “ Release Of Claims And

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Settlement Agreement” which settles all aspects of the lawsuit against

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defendants. A copy of the “ Release Of Claims And Settlement Agreement” is

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incorporated by reference herein as if set forth in full. The “Release And

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Settlement Agreement” states in part that “The Court shall retain jurisdiction to

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enforce this Agreement...”. Plaintiff and defendants stipulate to the court

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retaining jurisdiction to enforce the “Release Of Claims And Settlement

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Agreement.”

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Plaintiff moves to dismiss with prejudice the lawsuit against defendants.

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Defendants, who have answered the complaint, agree to the dismissal with

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prejudice.

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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 defendants, by and through their attorneys of

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record, so stipulate.

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Date: 8/2/12

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 Document24 Filed08/02/12 Page3 of 3

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Date: 7/30/12

JEFFERS MANGELS, BUTLER
& MITCHELL

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/s/ Martin H. Orlick
_____________________________
Martin H. Orlick
Attorney for Defendants
IJ Marketplace, LLC, Rielly
Marketplace, LLC, Fair Oaks
Marketplace, LLC, and Roseville
Marketplace, LLC

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

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The lawsuit against defendants is dismissed with prejudice. The Court
shall retain jurisdiction to enforce the parties’ “Release Of Claims And

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Settlement Agreement.”

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Date: August 2, 2012

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Stipulation And Order Of Dismissal

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