Price et al v. Wyndham Vacation Ownership, Inc.

Filing 54

ORDER DISMISSING CASE. Signed by Judge James Donato on 07/02/2014. (jdlc2, COURT STAFF) (Filed on 7/2/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

RAND L. STEPHENS, SBN 117229
LAW OFFICES OF RAND L. STEPHENS
1155C Arnold Dr. #278
Martinez, CA 94553-4104
[phone]
Fax: [phone]
Email: [e-mail]
RICHARD N. KOSS, SBN 251351
LAW OFFICES OF RICHARD N. KOSS
600 Allerton St. #202
Redwood City, CA 94063-1570
[phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs:
BOYCE GENE PRICE and SHAWN MURPHY
CARA CHING-SENAHA (SBN 209467)
DAVID T. WANG (SBN 275015)
JACKSON LEWIS P.C.
50 California Street 9th Floor
San Francisco, CA 94111-4615
Telephone
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Email:
[e-mail]
Attorneys for Defendant
WYNDHAM VACATION OWNERSHIP, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

17
18
19

BOYCE GENE PRICE, an individual, and
SHAWN MURPHY, an individual,

Plaintiffs,

20
vs.
21
22
23

Case No.: C 13-05092 JD
STIPULATION FOR DISMISSAL WITH
PREJUDICE AS TO ALL PARTIES;
[PROPOSED] ORDER
Judge: Hon. James Donato

WYNDHAM VACATION OWNERSHIP,
INC., and DOES ONE THROUGH
TWENTY, inclusive,
Defendants

Complaint Filed: September 25, 2013
Removed:
October 31, 2013
Trial Date:
February 2, 2015

24
25

Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, the parties,

26

through their designated counsel, hereby stipulate that the above-captioned action be and hereby

27

is dismissed with prejudice, as to all parties that have appeared in this action as well as all Doe

28
STIPULATION FOR DISMISSAL
Price v. Wyndham Vacation Ownership

-1
Case No. C 13-05092 JD

1

defendants. Each party will bear his or its respective costs and fees, in keeping with a

2

confidential settlement agreement and general release executed by the parties on June 13, 2014.

3

The filing of this dismissal with prejudice terminates this action. McCall-Bey v.

4

Franzen, 777 F.2d 1178, 1185 (7th Cir. 1985); see also Garber v. Chicago Mercantile Exch.,

5

570 F.3d 1361, 1366 (Fed. Cir. 2009) – (action terminated upon filing of signed stipulation of

6

dismissal, regardless of proposed dismissal order attached).

7
Respectfully submitted,

8
9

Dated: July 1, 2014

LAW OFFICES OF RICHARD N. KOSS

10
11

/s/ Richard N. Koss
_______________________________________

12

RICHARD N. KOSS, Attorney for Plaintiffs,
BOYCE GENE PRICE and SHAWN MURPHY

13
Dated: July 1, 2014

JACKSON LEWIS P.C.

14
/s/ Cara Ching-Senaha

15

Cara Ching-Senaha
Attorneys for Defendant
WYNDHAM VACATION OWNERSHIP, INC.

16
17
18

ORDER

19

The parties having so stipulated,

20

IT IS HEREBY ORDERED that this matter, including all parties and all claims,

21
22

pursuant to the stipulation of the parties, is hereby dismissed with prejudice.
THIS CASE IS CLOSED.

23
24

Dated: July 2, 2014

25
26

___________________________________
Hon. JAMES DONATO
United States District Judge

27
28
STIPULATION FOR DISMISSAL
Price v. Wyndham Vacation Ownership

-2
Case No. C 13-05092 JD