Muegge v. Hyatt Vineyard Creek et al

Filing 40

ORDER GRANTING 39 STIPULATION for Dismissal with Prejudice of Defendants Noble A.E.W. Vineyard Creek, LLC, dba Hyatt Vineyard Creek, Brasserie Restaurant and City of Santa Rosa. Signed by Judge Jeffrey S. White on 1/3/13. (jjoS, COURT STAFF) (Filed on 1/3/2013)

Case3:10-cv-05403-JSW Document39 Filed01/02/13 Page1 of 3

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SEYFARTH SHAW LLP
Kristina M. Launey (SBN 221335)
E-mail: [e-mail]
400 Capitol Mall, Suite 2350
Sacramento, California 95814-4428
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Minh N. Vu (Washington, D.C. Bar No. 444305)
Admitted Pro Hac Vice
Email: [e-mail]
975 F. Street, N.W.
Washington, D.C. 20004
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
NOBLE A.E.W. VINEYARD CREEK, LLC,
dba HYATT VINEYARD CREEK,
BRASSERIE RESTAURANT and
CITY OF SANTA ROSA

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Timothy S. Thimesch, Esq.
THIMESCH LAW OFFICES
158 Hilltop Crescent
Walnut Creek, CA 94597-3452
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDWARD MUEGGE,
Plaintiff,

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v.
HYATT VINEYARD CREEK; NOBLE
A.E.W. VINEYARD CREEK, LLC; CITY OF
SANTA ROSA; BRASSERIE
RESTAURANT; and DOES 1 through 50,
inclusive,
Defendants.

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15109067v.2

Case No. 3:10 CV 05403 JSW
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE OF
DEFENDANTS NOBLE A.E.W.
VINEYARD CREEK, LLC, DBA
HYATT VINEYARD CREEK,
BRASSERIE RESTAURANT and CITY
OF SANTA ROSA

Case3:10-cv-05403-JSW Document39 Filed01/02/13 Page2 of 3

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Plaintiff EDWARD MUEGGE and defendants NOBLE A.E.W. VINEYARD CREEK,

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LLC, dba HYATT VINEYARD CREEK, BRASSERIE RESTAURANT and CITY OF SANTA

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ROSA by and through their attorneys of record, file this Stipulation of Dismissal pursuant to

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Federal Rule of Civil Procedure section 41.

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Plaintiff filed this lawsuit on November 29, 2010.

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Plaintiff and defendants have entered into a “Settlement Agreement and Release” that

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settles all aspects of the lawsuit against all defendants. A copy of the “Settlement Agreement and

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Release” is incorporated by reference herein as if set forth in full. The “Settlement Agreement

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and Release” states in part that the Parties will “request that the Court will request that the Court

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retain jurisdiction to enforce this Agreement.” Plaintiff and defendants stipulate to the Court

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retaining jurisdiction to enforce the “Settlement Agreement and Release.”

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Plaintiff moves to dismiss with prejudice the lawsuit against defendants NOBLE A.E.W.

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VINEYARD CREEK, LLC, dba HYATT VINEYARD CREEK, BRASSERIE RESTAURANT

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and CITY OF SANTA ROSA. Defendants NOBLE A.E.W. VINEYARD CREEK, LLC, dba

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HYATT VINEYARD CREEK, BRASSERIE RESTAURANT and CITY OF SANTA ROSA,

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who have answered the Complaint, agree to the dismissal with 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 electronic and facsimile

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signatures shall be as valid and as binding as original signatures.
Wherefore, plaintiff and defendants, by and through their attorneys of record, so stipulate.

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DATED: January 2, 2013

SEYFARTH SHAW LLP

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By

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15109067v.2

/s/ Kristina M. Launey
Kristina M. Launey
Minh N. Vu (admitted pro hac vice)
Attorneys for Defendants
NOBLE A.E.W. VINEYARD CREEK, LLC,
DBA HYATT VINEYARD CREEK, AND
BRASSERIE RESTAURANT and CITY OF
SANTA ROSA

Case3:10-cv-05403-JSW Document39 Filed01/02/13 Page3 of 3

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DATED: January 2, 2013

THIMESCH LAW OFFICES

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By
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/s/ Timothy S. Thimesch
Timothy S. Thimesch
Attorneys for Plaintiff

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

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The lawsuit against defendants NOBLE A.E.W. VINEYARD CREEK, LLC, dba

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HYATT VINEYARD CREEK, BRASSERIE RESTAURANT and CITY OF SANTA ROSA is

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dismissed with prejudice. The Court shall retain jurisdiction to enforce the parties’ “Release

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And Settlement Agreement.”

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January 3, 2013
Dated: ______________, 2012

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15109067v.2

_______________________________________
Hon. Jeffrey S. White
United States District Judge