Rodgers v. S.B. Restaurant Co.

Filing 13

STIPULATION AND ORDER DISMISSING ACTION re 12 Stipulation filed by John Rodgers. Signed by Judge Jacqueline Scott Corley on January 16, 2013. (wsn, COURT STAFF) (Filed on 1/16/2013)

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Jason G. Gong (SBN 181298)
LAW OFFICE OF JASON G. GONG
A Professional Corporation
2121 N. California Blvd., Suite 290
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiff
JOHN RODGERS, an individual

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN RODGERS, an individual,
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)
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Plaintiff,
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vs.
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S.B. RESTAURANT COMPANY, dba
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ELEPHANT BAR RESTAURANT, 1225
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WILLOW PASS LLC, and DOES 1 through )
20, inclusive,
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Defendants.
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)

Case No. 3:12-cv-03676-JSC
STIPULATION FOR DISMISSAL
OF ACTION

Complaint Filed: July 13, 2012
Trial Date: None

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Plaintiff JOHN RODGERS ("Plaintiff") and Defendants S.B. RESTAURANT

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COMPANY, dba ELEPHANT BAR RESTAURANT, and 1225 WILLOW PASS LLC

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("Defendants") have reached a complete settlement of the above-captioned matter and have

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formalized the settlement in a Mutual Settlement and Release Agreement ("Settlement

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Agreement").

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Pursuant to the terms of the Settlement Agreement, Plaintiff and Defendants, through

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their respective counsel of record, hereby stipulate to the dismissal of this action in its entirety

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with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure.

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Accordingly,

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IT IS HEREBY STIPULATED by and between the parties through their respective
counsel of record that the above-entitled action is hereby dismissed with prejudice. See Fed. R.
__________________________________________________________________________________________________________________

Rodgers v. S.B. Restaurant Company, et al., Case No. 3:12-cv-03676-JSC
Stipulation for Dismissal of Action
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Civ. P. 41(a)(1)(A)(ii).
IT IS HEREBY FURTHER STIPULATED by and between the parties through their
respective counsel of record that the parties shall bear their own costs and attorneys' fees.
IT IS HEREBY FURTHER STIPULATED by and between the parties through their

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respective counsel of record and pursuant to the terms of the Settlement Agreement that the

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Court retains jurisdiction to enforce the terms of the Settlement Agreement. See Kokkonen v.

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Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994) (empowering district courts to

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retain jurisdiction over enforcement of settlement agreements by stipulation of the parties).

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: January 15, 2013

LAW OFFICE OF JASON G. GONG
A Professional Corporation

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/s/ Jason G. Gong
By: _____________________________________
Jason G. Gong
Attorney for Plaintiff
JOHN RODGERS, an individual

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Dated: January 15, 2013

KAISER, SWINDELLS & EILER

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RT

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ER

S c ot t C

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Ju

ueline
d ge J a c q

Dated: January 16, 2013

orley

R NIA

NO

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FO

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Attorney for Defendants S.B.
RESTAURANT COMPANY, dba
TED ELEPHANT BAR RESTAURANT; 1225
GRAN
WILLOW PASS LLC

LI

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UNIT
ED

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RT
U
O

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/s/
S DISTRICT James O. Eiler
TE
C
By: _____________________________________
TA
James O. Eiler

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N

D IS T IC T
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OF

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__________________________________________________________________________________________________________________

Rodgers v. S.B. Restaurant Company, et al., Case No. 3:12-cv-03676-JSC
Stipulation for Dismissal of Action
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