Henderson v. Lincoln Square, LLC et al

Filing 30

STIPULATION AND ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Joseph C. Spero on 6/14/13. (klhS, COURT STAFF) (Filed on 6/14/2013)

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PAUL L. REIN, State Bar No. 43053
CELIA MCGUINNESS, State Bar No. 159420
CATHERINE CABALO, State Bar No. 248198
LAW OFFICES OF PAUL L. REIN
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
MORGAN HENDERSON

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* Defendants’ counsel listed after the caption.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MORGAN HENDERSON,

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Plaintiff,
vs.
LINCOLN SQUARE, LLC; JAE CHUNG
YU dba Cafe Galleria; YOON MI YU dba
Cafe Galleria; and DOES - 20, Inclusive,,

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Defendants.

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No. C12-01938 JCS ADR
STIPULATION FOR DISMISSAL
WITH PREJUDICE AND PROPOSED
ORDER
Pursuant to FRCP 41 and LR7-12
Judge:

Joseph C. Spero

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PILLSBURY WINTHROP SHAW PITTMAN LLP
RICHARD M. SEGAL, State Bar No. 156975
NATHANIEL R. SMITH, State Bar No. 257615
501 W. Broadway, Suite 1100
San Diego, CA 92101-3575
Telephone: [phone]
Facsimile No.: [phone]
[e-mail]
Attorneys for Defendant
LINCOLN SQUARE, LLC
JAMES J. KIM, State Bar No. 101809
2201 Broadway, Suite 803
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STIPULATION AND [PROPOSED] ORDER FOR

S:\CASES\L\LINCOLN SQUARE\PLEADINGS\Dismissals\2013 06 13 Stipulation for Dismissal w_ Prejudice.doc DISMISSAL WITH PREJUDICE

Case No. C12-01938 JCS

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Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendants
JAE CHUNG YU dba CAFÉ GALLERIA and
YOON MI YU dba CAFÉ GALLERIA

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Plaintiff Morgan Henderson (“Plaintiff”) and defendants Lincoln Square, LLC; Jae
Chung Yu dba Café Galleria; and Yoon Mi Yu dba Café Galleria (together “Defendants”),
by and through their undersigned counsel, stipulate and agree as follows:
WHEREAS, on April 18, 2012, Plaintiff filed this action against Defendants;
WHEREAS, on June 11, 2012, defendants Jae Chung Yu dba Café Galleria and
Yoon Mi Yu dba Café Galleria timely filed an Answer to Plaintiff’s complaint;
WHEREAS, on June 15, 2012, defendant Lincoln Square, LLC timely filed an
Answer to Plaintiff’s complaint;
WHEREAS, as set forth in the Court-Enforceable Settlement Agreement and
Release entered into on May 31, 2013 and June 11, 2013 (“Settlement Agreement”),
Plaintiff has released and agreed to dismiss her claims against Defendants;
WHEREAS, as set forth in the Settlement Agreement, Defendants have agreed to
make or cause to be made certain physical modifications at the property known as Lincoln
Square Shopping Center;
WHEREAS, the physical modifications will require significant time and effort to
complete;
WHEREAS, as set forth in the Settlement Agreement, Plaintiff and Defendants have
agreed that the Court shall have continuing jurisdiction to resolve any and all disputes
pertaining to the Settlement Agreement and the terms contained therein, as well as
enforcement of and compliance with the Settlement Agreement,

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STIPULATION AND [PROPOSED] ORDER FOR

S:\CASES\L\LINCOLN SQUARE\PLEADINGS\Dismissals\2013 06 13 Stipulation for Dismissal w_ Prejudice.doc DISMISSAL WITH PREJUDICE

Case No. C12-01938 JCS

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IT IS THEREFORE STIPULATED AND AGREED by and between Plaintiff and
Defendants:
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Plaintiff stipulates to the dismissal with prejudice of her Complaint, and all

claims contained therein;
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The Court shall retain jurisdiction of this action to enforce the terms of the

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Settlement Agreement.

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Dated: June 13, 2013
LAW OFFICES OF PAUL L. REIN

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By

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/s/ Catherine Cabalo
Catherine Cabalo
Attorneys for Plaintiff
MORGAN HENDERSON

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Dated: June 13, 2013

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PILLSBURY WINTHROP SHAW PITTMAN LLP
RICHARD M. SEGAL
NATHANIEL R. SMITH

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By

/s/ Nathaniel R. Smith
Nathaniel R. Smith
Attorneys for Defendant
LINCOLN SQUARE, LLC

By

/s/ James J. Kim
James J. Kim
Attorneys for Defendants
JAE CHUNG YU dba CAFÉ GALLERIA and
YOON MI YU dba CAFÉ GALLERIA

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Dated: June 13, 2013
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STIPULATION AND [PROPOSED] ORDER FOR

S:\CASES\L\LINCOLN SQUARE\PLEADINGS\Dismissals\2013 06 13 Stipulation for Dismissal w_ Prejudice.doc DISMISSAL WITH PREJUDICE

Case No. C12-01938 JCS

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ORDER

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Upon consideration of the above Stipulation for Dismissal with Prejudice of

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Defendants Lincoln Square, LLC; Jae Chung Yu dba Café Galleria; and Yoon Mi Yu dba

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Café Galleria, and for good cause shown,

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IT IS HEREBY ORDERED that the action and all claims against Defendants are
dismissed with prejudice, each party to bear its own attorney fees and costs.
IT IS FURTHER ORDERED that the Court shall retain jurisdiction of this action
to enforce provisions of the Court-Enforceable Settlement Agreement and Release for
eighteen (18) months after the date of entry of this Order by the Court, or until all injunctive

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relief is completed and payment for Plaintiff’s damages, attorneys’ fees, litigation expenses

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and costs is made in full, whichever occurs later.

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Dated: June __, 2013

Honorable JOSEPH C. SPERO
ro
United States dge Joseph C. Spe
Magistrate Judge
Ju

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STIPULATION AND [PROPOSED] ORDER FOR

S:\CASES\L\LINCOLN SQUARE\PLEADINGS\Dismissals\2013 06 13 Stipulation for Dismissal w_ Prejudice.doc DISMISSAL WITH PREJUDICE

Case No. C12-01938 JCS

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FILER’S ATTESTATION
Pursuant to General Order 45, section X(B), I, Catherine Cabalo, hereby attest that
on June 12, 2013 I received the concurrence of Nathaniel R. Smith and on June 13, 2013 I
received the concurrence of James J. Kim in the filing of this document

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/s/ Catherine Cabalo
Catherine Cabalo, Esq.

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STIPULATION AND [PROPOSED] ORDER FOR

S:\CASES\L\LINCOLN SQUARE\PLEADINGS\Dismissals\2013 06 13 Stipulation for Dismissal w_ Prejudice.doc DISMISSAL WITH PREJUDICE

Case No. C12-01938 JCS