Mengel et al v. City of San Leandro et al

Filing 16

STIPULATION FOR ORDER AND ORDER OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE EACH SIDE TO BEAR THEIR OWN FEES AND COSTS. Signed by Judge William H. Orrick on 10/18/2013. (jmdS, COURT STAFF) (Filed on 10/18/2013)

1
2
3
4
5

Gregory M. Fox, State Bar No. 070876
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
CITY OF SAN LEANDRO

6
7

UNITED STATES DISTRICT COURT

8
9

STEVEN MENGEL, et al

10

NORTHERN DISTRICT OF CALIFORNIA
Case No. 3:13-cv-02542-WHO

Plaintiffs,

11

v.

12

CITY OF SAN LEANDRO et al

13

Defendants.

STIPULATION FOR ORDER AND ORDER OF
DISMISSAL OF ENTIRE ACTION WITH
PREJUDICE EACH SIDE TO BEAR THEIR
OWN FEES AND COSTS
Hon. William H. Orrick

14
15

The parties acting by and through their attorneys stipulate as follows.

16
17
18
19
20

Pursuant to Federal Rules of Civil Procedure Rule 41(a)(1)(A)(ii), the Parties stipulate that
Plaintiffs may voluntarily dismiss this entire action with prejudice based on the settlement of the entire
action.
The Parties agree that each party will bear its own costs and attorneys’ fees, and further request
that the Court Order this Stipulation.

21
22

IT IS SO STIPULATED.

23
24

Dated: October 15, 2013

Bruce W. Nickerson Attorney at Law

25
26

By:

27

/s/ Bruce Nickerson
Bruce W. Nickerson Esq.
Attorneys for Plaintiffs

28
1
STIPULATION FOR ORDER AND ORDER DISMISSAL OF ENTIRE ACTION WITH PREJUDICE EACH SIDE TO
BEAR THEIR OWN FEES AND COSTS - U.S. District Court Case No. 3:13-cv-02542-WHO

1

Dated: October 15, 2013

BERTRAND, FOX & ELLIOT

2
3

By:

4
5

/s/ Gregory M. Fox
Gregory M. Fox
Attorneys for Defendants
CITY OF SAN LEANDRO et al

6
CERTIFICATE OF CONCURRENCE

7

8

I, Gregory M. Fox, declare:

9

Pursuant to Local Rule No. 5-1(i)(3) I have obtained the concurrence of Mr. Nickerson in the

10

filing of this document to show his signature as /s/ on this pleading, which shall serve in lieu of his

11

signature on the documents.

12
13

I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed at San Francisco, California, on October 17, 2013

14
/s/ Gregory M. Fox ___________
Gregory M. Fox, Esq.

15
16

ORDER
17
18

Good cause appearing the Stipulation of the parties is SO ORDERED.

19

Dismissal of the entire action is Ordered with Prejudice and each side to bear their own fees and

20

costs.

21
22
23

Dated: October 18, 2013

________________________________
Honorable William H. Orrick
United States District Court Judge

24
25
26
27
28
2
STIPULATION FOR ORDER AND ORDER DISMISSAL OF ENTIRE ACTION WITH PREJUDICE EACH SIDE TO
BEAR THEIR OWN FEES AND COSTS - U.S. District Court Case No. 3:13-cv-02542-WHO