Delson v. CYCT Management Group, Inc. et al

Filing 48

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER FOR DISMISSAL WITH PREJUDICE filed by Walter Delson. Signed by Magistrate Judge Maria-Elena James on 6/20/2013. (rmm2S, COURT STAFF) (Filed on 6/20/2013)

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PAUL L. REIN, Esq. (SBN 43053)
CELIA MCGUINNESS, Esq. (SBN 159420)
CATHERINE M. CABALO, Esq. (SBN 248198)
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: 510/832-4787
[e-mail]
Attorneys for Plaintiff
WALTER DELSON

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IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WALTER DELSON,

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Plaintiff,

CASE NO. C11-03781 MEJ
Civil Rights

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v.

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CYCT MANAGEMENT GROUP,
INC.; KINGS TRIUMPH, LLC;
LINDA YU- LING TU TRUST;
LALEH HERAVI dba Fondue Fred;
and DOES 1-20, Inclusive,

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Defendants.

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STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL WITH
PREJUDICE
Pursuant to FRCP Rule 41(a)(2)

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Plaintiff WALTER DELSON and Defendants CYCT MANAGEMENT

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GROUP, INC., KINGS TRIUMPH, LLC, and the LINDA YU- LING TU TRUST

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hereby jointly stipulate and request through their respective attorneys of record

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that the Court dismiss this case with prejudice pursuant to FRCP 41(a)(2). This

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request and stipulation is based on the following good cause:

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1.

Whereas the only remaining issue in this case is payment of plaintiff’s

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attorney fees in the amount of $81,851.50 as Ordered by the Court on April

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30, 2013 (Docket no. 45);

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2.

Whereas defendants CYCT Management Group, Inc., King’s Triumph,
LLC, and Linda Lu-Ling Tu Trust have now paid this amount in full;

LAW OFFICES OF

PAUL L. REIN
200 LAKESIDE DR., SUITE A
OAKLAND, CA 94612-3503
[phone]

STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL WITH PREJUDICE
CASE NO. C11-03781 MEJ

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3.

Whereas the parties have agreed to injunctive relief for barrier removal

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pursuant to the Consent Decree entered on June 11, 2012, (Docket no 21),

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and under which this Court will continue to have jurisdiction to enforce its

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provisions;

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4.

The parties therefore jointly stipulate and request that the Court grant a

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dismissal of CYCT MANAGEMENT GROUP, INC., KINGS TRIUMPH,

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LLC, and the LINDA YU- LING TU TRUST with prejudice without

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entering judgment against defendants.

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IT IS SO STIPULATED.

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Dated: June 18, 2013

LAW OFFICES OF PAUL L. REIN

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/s/Paul L. Rein
By PAUL L. REIN
Attorneys for Plaintiff
WALTER DELSON

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Dated: June 18, 2013

LOW BALL & LYNCH

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/s/Laura Flynn
By LAURA FLYNN, Esq.
Attorneys for Defendants
CYCT MANAGEMENT GROUP, INC.;
KINGS TRIUMPH, LLC; and LINDA YULING TU TRUST

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LAW OFFICES OF

PAUL L. REIN
200 LAKESIDE DR., SUITE A
OAKLAND, CA 94612-3503
[phone]

STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL WITH PREJUDICE
CASE NO. C11-03781 MEJ

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ORDER

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Good cause having been shown, this case is dismissed with prejudice

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pursuant to FRCP 41(a)(2) as to defendants CYCT MANAGEMENT GROUP,

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INC.; KINGS TRIUMPH, LLC; and LINDA YU- LING TU TRUST.

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IT IS SO ORDERED.

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Dated: June 20 , 2013

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MARIA-ELENA JAMES
United States Chief Magistrate Judge

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LAW OFFICES OF

PAUL L. REIN
200 LAKESIDE DR., SUITE A
OAKLAND, CA 94612-3503
[phone]

STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL WITH PREJUDICE
CASE NO. C11-03781 MEJ

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