Brown-Booker v. Safeway, Inc. et al

Filing 42

ORDER Granting Stipulation for Dismissal and for the Court to Retain Jurisdiction signed by Magistrate Judge Elizabeth D. Laporte: granting 40 Stipulation. (shyS, COURT STAFF) (Filed on 3/1/2016)

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Kenneth E. Lange (SBN: 74674) KIMBALL, TIREY & ST. JOHN LLP '1676 Hazafi Center Drive, Suite 900-B San Diego, CA 92108 Telephone: 619.23 1.1422 Facsimile: 619.23 4.7 692 Email: kenneth.lange@kts-law,com Aftomels for Shops at the Ridge, LLC, Teramar Retail Centers, LLC and Alvin B. Chan, Inc. *Counselfor other parties lisled after the caption UMTED STATE DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NIKKI BROWN-BOOKER, Case No. 3:15-cv-02658-EDL Plaintiff, STIPULATION FOR DISMISSAL AND FOR THE COURT TO RETAIN JURISDICTION; vs. SAFEWAY, INC; ALV]N B. CHAN, INC. INC, : PROPERTY DEVELOPMENT CENTERS, LLC; SHOPS AT TIIE RIDGE, _________ [PROPOSED] ORDER TI{EREON LLC; TERRAMAR RITA]L CENTERS, LLC; and DOES l-10, Inclusive, Defendants. 2l 22 24 PAUL L, REIN. ESO. (State Bar No. 43053) CELIA MCGUINNES, ESQ. (Starc Bar No. 159420) CATHERINE CAtsALO, ESQ. (State BarNo. 248198) LAW OFFICES OF PAUL L. REIN 200 Lakeside Drive, Suite A 25 Oakland. CA 94612 Tclcphone: (5t 0) 832-5001 Facsimi le: (5 1 0) 832-47 87 26 reinlawofficb@dol.com 27 Attomeys fol Plaintiff NIKzu BROWN-BOOKER le Cale No. 3:15 cvi2658-EDL STIPULATION TOR DISMISSAL; COURT,TO RE,I'AIN JURISDICTIONi IPROPOSED] ORDER THERf,ON Mark L. Eisenhut, (SBN 185039) 1 2 meisenhut@callj ensen.com Michael S. On, (SBN 196844) msor@calljensen.com 3 CALL & JENSEN A Professional Corporation 4 5 6 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: (949) 717-3000 Fax: (949) 717-3100 1 Attomcys for Defendants Safeway Inc, and Satum Dcvclopment LLC fka 8 Property Devclopment Centers, LLC 9 RECITALS t0 ll tz PlaintiffNikki Brown-Booker, Defendant Shops at the Ridge, LLC, Defendant Teramar I3 Retail Centers, LLC, Dcfcndant Alvin B. Chan, Inc., Defendant Safeway, lnc., and t4 Satum Development l5 counsel, enter into this stipulation for dismissal and for thc court to retain jurisdiction based l6 the following lacts: LLC fka Property Dcvelopmcnt Centers, LLC, through their t1 l. 18 PlaintiffNikti Brown-Booker filed a complaint in this matter on or about June 12, t9 2015 in which she alleged in general substance, that Defendants Safeway, Inc. and Alvin B. 20 Chan, Inc. denied her 2l both Califomia and federal Iaw. Plaintifls complaint requested statutory, general and treble 22 damages. PlaintifPs complaint also requests injunctive civil rights and access to public facilitics. Plaintiff alleged violations of reliei 23 2. 24 PlaintiffNikki Brown-Booker filed an Amended Complaint on or about August 25 16, th complaint but it added Property Development Centcrs, Shops at the fudge, LLC and Terramar 27 Re(ail Ccnters, LLC as Defendants. 2015. This Amended Complaint contained essentially the same allegations as her original 28 CaseNo. 3:15-CY42658-EDL STIPULATION FOR DISMISSALi COURT TO RETAIN JURISDICTIONi IPROPOSEDI ORDER THEREON I 2 3. All Ifelendants answered Plaintiffs Amended Complaint in which they denied any liability to Plaintiffwhether monetary or injunctive relief. 3 4 4. Plaintilfand Defendants, through counsel, began settlement discussions. A 5 complete setllement of all Plaintifls claims and all Defendants' defenses was documented in a 6 "Consent Decree and Order for Injunctive Relief, Damages, Attomey Fees, Litigation Expenses, .I and Costs" ("Consent Decree"). By the time the Consent Decree was signed, Defendant Property 8 Development Centers, LLC had changed its name to Saturn Development. LLC. The Ordcr 9 attached to the Consent Decree was l0 sig ed by the Honorable Elizabeth D. Laporte, Unitcd States Magistrate Judge on February 5, 2016 thereby making the Consent Decree an order ofthis court, l1 t2 5. Paragraphs 6 and 7 ofthc Consent Decree contain all the injunctive relief t3 substantive requirsments. Paragraph 6 states that Defendants Safeway, lnc., Satum Dcvelopment l4 LLC and Alvin B. Chan, Inc. do not have any injunctivc rclicf obligations. Therefore, l5 Defendants Terramar Retail Centem, LLC and Shops at the Ridge are the only Defendants having l6 injunctive relief obligations to Plaintiff t7 6. Paragraph 7 ofthe Consent Decree states the scope and timing ofthe "corrective l9 work" Terramar Rctail Centers, LLC and Shops at the Ridge, LLC are required to accomplish. 20 All of this concctivc work 21 l4 ofthe Consent Decree 22 enforce the Consent Dccree for eighteen months aftcr entry ofthe Consent Decree or until the 23 injunctive relicf is completed and all settlement payments are made, whichever occurs later. 24 settlement payments by Defendants to Plaintiffhavc been made, Accordingly, the parties in this t) matter are requesting the Court to dismiss this matter with prejudice but retain jurisdiction to 26 cnforce and interpret any injunctive reliefissues in paragraphs 7 and 14 ofthe Consent Decree or 27 any other provisions of the Consent Decree conceming injunctive relief. has not been completed as ofthe filing of this Siipulation. Paragraph states, in general substance, that the Court shall retain jurisdiction to All ca* No. 3:15-cv{26r8-EDL STIPULATION FOR DISMISsAI,; COURT TO RETAIN JURISDICTIOI\i; IPROPOSEDIORDER THEREON I STIPULATION 2 Based on the facts stated above, all parties in this matter, through their respective 3 stipulate as follows: 4 L 5 6 All monetary obligations of Defendants to Plaintiff, as set lorth in the Decree, have been satisfied by the Defendants. 7 2, 8 9 complies The injunctive relief whicb is the subject of the Consent Decrce and this with Federal Rule of Civil Procedurc 65(d). Pursuant to Federal Rule of Civil 10 Procedure 65(d)(2), the "persons bound" by the injunctive reliefprovisions ofthe Consent tl are t2 Ridge, LLC. PlaintiffNikki Brown-Booker and Defendants Terramar Retail Centers, LLC and Shops at l3 l4 3. Plainti{fs Amended Complaint shall be dismissed with prejudice, 4. The Court retains jurisdiction to enforce and interpret the injunctivc l5 l6 l7 provisions in the Consent Decree including, but not limited to, pamgraphs 7 and 14 of l8 Consent Decree as to Plaintiff l9 LLC and Shops at the Ridge, Nikki Brown-Booker and Defendants Tenamar Retail Centers, LLC. z0 2l 22 23 24 25 26 27 zd C6c No. 3:15-CY-02658-EDL STIPULATION FOR DISMISSALi coURTTO RETAIN JURISDICTIONi IPIIOPOSEDI ORDER THEREON I ,",*, a\I{ro,u 2 3 (, 'h 'o**e OF PAUL L. RE]N By: PAUL L. REIN, ESQ. Attomeys for Plaintiff NIKKI BROWN-BOOKER 4 5 6 Dated: February 29 ,2016 KIMBALL, TIREY & ST. JOHN LLP 1 8 lsl S). KENNETH E. LANC-E, esa 9 Attomeys for Dcfcndants SHOPS AT TIIE RIDGE LLC, TERRAMAR RETAIL CENTERS, ANd ALVIN B. CHAN, INC. t0 ll t2 Dated: February 26 ,2016 CALL & JENSEN l3 t4 l5 t6 17 lsl By, IITCALEL ORR, ESa Attorneys tor Dcfcndants SAFEWAY INC. ANd SATURN DEVELOPMENT LLC, FKA PROPERTY DEVELOPMENT CENTERS, LLC l8 I9 20 2l 22 23 24 25 26 27 28 & sI, J OHr{ csE No. 3:15-CY{2658-EDL STIPULATTON 8OR DISMISSALi COURT TO nETAIN JURI8DICTION| IP&O8OSEDIORDERTHEREON ORDER I After reading the stipulation ol the parties, and good cause appearing, this court orders 2 3 follows: 4 PlaintifPs Amended Complaint is dismissed with prejudice. 5 6 7 2, 8 provisions 9 Consent Decree as to Defendants Terramar Retail Centers, LLC and Shops at the Ridge, LLC. The Court retains jurisdiction to enforce and interpret the iljunctive in the Consent Decree including, but not limited to, paragraphs 7 ar.d 14 of t0 ll 1? 3. All monetary obligations of Defendants to Plaintiff, as set forth in the Decree, have bcen satisfied by the Defendants. 13 4. L4 The injunctive relief which is the subject of the Consent Decree and this with Federal Rule of Civil Procedure 65(d). Pursuant to Federal Rule of l5 complies t6 Procedure 65(d)(2), the "pelsons bound" by the injunctive reliefprovisions l7 are t8 Ridge, LLC. PlaintiffNikki Brown-Booker and Defendants Teramar Retail Centers, ofthe Consent LLC and Shops at the l9 20 IT IS SO ORDERED. ?l 22 23 March 1, 2016 H"r"rrbl. Elt*b.th DJrp"rt" United States Magistrate Judge )t 25 26 z7 2t\ Cas. No. 3rl5-!V4265E"EDL STIPULATION FoR DISMISSAL;CouRT TO RETAIN JURISDICTION; IPROPOSEDIORDER THERtrON

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