Henneberry v. City of Newark et al

Filing 65

ORDER by Magistrate Judge Maria-Elena James granting 64 Stipulation for Dismissal of Plaintiff's Claims against Defendant David Benoun with Prejudice. (rmm2S, COURT STAFF) (Filed on 10/22/2015)

ATTORNEYS AT LAW

Selman Breitman

LLP

1 GREGG A. THORNTON (SBN 146282)
[e-mail]
2 DANIELLE K. LEWIS (SBN 218274)
[e-mail]
3 SELMAN BREITMAN LLP
33 New Montgomery, Sixth Floor
4 San Francisco, CA 94105-4537
Telephone: [phone]
5 Facsimile: 415.979.2099
6 Attorneys for Defendants
CITY OF NEWARK, JOHN BECKER,
7 DAVID BENOUN, KARL FREDSTROM
and RENNY LAWSON
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN PATRICK HENNEBERRY,
Case No. 13-CV-05238 MEJ
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Plaintiffs,
STIPULATION FOR DISMISSAL OF
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PLAINTIFF'S CLAIMS AGAINST
v.
DEFENDANT DAVID BENOUN WITH
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PREJUDICE AND ORDER OF DISMISSAL OF
CITY OF NEWARK; COUNTY OF
SAID CLAIMS WITH PREJUDICE
14 ALAMEDA; NEWARK CHAMBER OF
COMMERCE; LINDA ASHLEY; JOHN
15 BECKER; DAVID BENOUN; KARL
[FRCP 41(a)(1)(A)(ii) and FRCP 41(a)(2)]
FREDSTROM; RENNY LAWSON; AND
16 DOES 1-250,
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Defendants.

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IT IS HEREBY STIPULATED by and between all of the parties to this action, either by

20 themselves or through their designated attorneys of record, that the above-captioned action, as it
21 relates to defendant DAVID BENOUN, individually, has been fully and finally resolved by way
22 of a compromise settlement and release of all claims, with prejudice, and with both plaintiff
23 JOHN PATRICK HENNEBERRY and defendant DAVID BENOUN each bearing their own
24 attorneys' fees and litigation costs.
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IT IS FURTHER HEREBY STIPULATED by and between all of the parties to this

26 action, either by themselves or through their designated attorneys of record, that the above27 captioned action, as it relates to defendant DAVID BENOUN, be and hereby is dismissed with
28 prejudice, pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(a)(2), and with
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324124.1 555.35330

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STIPULATION FOR DISMISSAL & ORDER OF DISMISSAL
13-CV-05238 MEJ

1 both plaintiff JOHN PATRICK HENNEBERRY and defendant DAVID BENOUN each bearing
2 their own attorneys' fees and litigation costs.
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DATED: October 14, 2015

LAW OFFICES OF YOLANDA HUANG

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By:

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/s/ Yolanda Huang
_
Yolanda Huang, Esq.
Attorney for Plaintiff
JOHN PATRICK HENNEBERRY

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DATED: October 14, 2015

SELMAN BREITMAN LLP

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By:

/s/ Gregg A. Thornton
_
GREGG A. THORNTON
DANIELLE K. LEWIS
Attorneys for Defendants
CITY OF NEWARK, JOHN BECKER,
DAVID BENOUN, KARL FREDSTROM
and RENNY LAWSON

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ATTORNEYS AT LAW

Selman Breitman

LLP

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ORDER
The parties having stipulated and agreed that the above-captioned action, as it relates to

18 defendant DAVID BENOUN, individually, has been fully and finally resolved by way of a
19 compromise settlement and release of all claims, with prejudice, and with both plaintiff JOHN
20 PATRICK HENNEBERRY and defendant DAVID BENOUN each bearing their own attorneys'
21 fees and litigation costs;
22

The parties having further stipulated and agreed that the above-captioned action, as it

23 relates to defendant DAVID BENOUN, be and hereby is dismissed with prejudice, pursuant
24 Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 41(a)(2), and with both plaintiff JOHN
25 PATRICK HENNEBERRY and defendant DAVID BENOUN each bearing their own attorneys'
26 fees and litigation costs;
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The Court finding good cause appearing therefor;

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IT IS HEREBY ORDERED that the above-caption action, as it relates to defendant

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324124.1 555.35330

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STIPULATION FOR DISMISSAL & ORDER OF DISMISSAL
13-CV-05238 MEJ

1 DAVID BENOUN, be and hereby is dismissed with prejudice.
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October 22, 2015
Dated: _______________

By: _________________________________
Honorable Maria-Elena James
United States Magistrate Judge
Northern District of California

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ATTORNEYS AT LAW

Selman Breitman

LLP

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324124.1 555.35330

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STIPULATION FOR DISMISSAL & ORDER OF DISMISSAL
13-CV-05238 MEJ