Hoffman v. County of Santa Clara

Filing 29

ORDER AND JUDGMENT OF DISMISSAL WITH PREJUDICE PURSUANT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE. Signed by Judge James Ware on July 26, 2012. (wsn, COURT STAFF) (Filed on 7/26/2012)

S

ER

6

R NIA
FO

LI

Attorneys for Defendant
COUNTY OF SANTA CLARA

re

mes Wa
Judge Ja

A

H

5

RT

4

DERED
SO OR ED
IT IS
DIFI
AS MO

NO

3

UNIT
ED

2

MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
MARCY L. BERKMAN, Deputy County Counsel (S.B. #151915)
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]

RT
U
O

1

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

TODD HOFFMAN,

ORDER AND JUDGMENT1 OF
DISMISSAL WITH PREJUDICE
PURSUANT TO SETTLEMENT
AGREEMENT AND GENERAL RELEASE

Plaintiff(s),

12
13

No. C11-01622 JW

v.

COUNTY OF SANTA CLARA, A Municipal
Corporation; and DOES 1 THROUGH 10,
15 inclusive,
14

Defendant(s).

16
17
18

Counsel for the parties in the above-entitled action have advised the Court that the parties

19

have entered into a Settlement Agreement and General Release.2 In so doing, the parties have

20

agreed that further pursuit of this action would not be of benefit to either party and that entering into

21

the Settlement Agreement and General Release is in the best interests of all parties concerned. The

22

Court has read and considered the pleadings, the joint status reports of the parties, and the Settlement

23

Agreement and General Release, and has independently evaluated the appropriateness and fairness

24

of the proposed settlement as required by Lynn’s Food Stores v. United States, 679 F.2d 1350, 1353

25

(11th Cir. 1982.) The Court finds and concludes that there are bonafide disputes between the parties

26
27
1

28

2

This disposition is not appropriate for publication and may not be cited.
Copy attached as Exhibit 1.

Order & Judgment of Dismissal with Prejudice Pursuant
To Settlement Agreement and General Release

1

C11-01622 JW

1

with respect to Plaintiff’s claims for back pay, liquidated damages and attorney’s fees as well as the

2

applicable statute of limitations and that the Settlement Agreement and General Release represents a

3

fair compromise of such disputes.

4
5

Accordingly, the Court hereby ORDERS that the above-entitled action be dismissed with
prejudice in its entirety. The Clerk shall close this file.

6
7

Dated: July 26, 2012
JAMES WARE
United States District Chief Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order & Judgment of Dismissal with Prejudice Pursuant
To Settlement Agreement and General Release

2

C11-01622 JW