Brown-Booker v. Safeway, Inc. et al
Filing
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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)
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.
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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
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Oakland. CA 94612
Tclcphone: (5t 0) 832-5001
Facsimi le: (5 1 0) 832-47 87
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reinlawofficb@dol.com
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Attomeys fol Plaintiff
NIKzu BROWN-BOOKER
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Cale No. 3:15 cvi2658-EDL
STIPULATION TOR DISMISSAL; COURT,TO RE,I'AIN JURISDICTIONi IPROPOSED] ORDER THERf,ON
Mark L. Eisenhut, (SBN 185039)
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meisenhut@callj ensen.com
Michael S. On, (SBN 196844)
msor@calljensen.com
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CALL & JENSEN
A Professional Corporation
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610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
Tel: (949) 717-3000
Fax: (949) 717-3100
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Attomcys for Defendants
Safeway Inc, and Satum Dcvclopment LLC fka
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Property Devclopment Centers, LLC
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RECITALS
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PlaintiffNikki Brown-Booker, Defendant
Shops at the Ridge, LLC, Defendant Teramar
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Retail Centers, LLC, Dcfcndant Alvin B. Chan, Inc., Defendant Safeway, lnc., and
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Satum Development
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counsel, enter into this stipulation for dismissal and for thc court to retain jurisdiction based
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the following lacts:
LLC fka Property Dcvelopmcnt
Centers,
LLC, through their
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PlaintiffNikti Brown-Booker filed a complaint in this matter on or about
June 12,
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2015 in which she alleged in general substance, that Defendants Safeway, Inc. and Alvin B.
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Chan, Inc. denied her
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both Califomia and federal Iaw. Plaintifls complaint requested statutory, general and treble
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damages. PlaintifPs complaint also requests injunctive
civil rights and access to public facilitics. Plaintiff alleged violations of
reliei
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2.
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PlaintiffNikki Brown-Booker filed
an Amended Complaint on or about August
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16,
th
complaint but it added Property Development Centcrs, Shops at the fudge, LLC and Terramar
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Re(ail Ccnters, LLC as Defendants.
2015. This Amended Complaint contained essentially the
same allegations as her original
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CaseNo. 3:15-CY42658-EDL
STIPULATION FOR DISMISSALi COURT TO RETAIN JURISDICTIONi IPROPOSEDI ORDER THEREON
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3.
All Ifelendants
answered
Plaintiffs Amended Complaint in which they denied any
liability to Plaintiffwhether monetary or injunctive relief.
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Plaintilfand Defendants, through counsel, began settlement discussions. A
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complete setllement of all Plaintifls claims and all Defendants' defenses was documented in a
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"Consent Decree and Order for Injunctive Relief, Damages, Attomey Fees, Litigation Expenses,
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and Costs" ("Consent Decree"). By the time the Consent Decree was signed, Defendant Property
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Development Centers, LLC had changed its name to Saturn Development. LLC. The Ordcr
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attached to the Consent Decree was
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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,
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5.
Paragraphs 6 and 7 ofthc Consent Decree contain all the injunctive relief
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substantive requirsments. Paragraph 6 states that Defendants Safeway, lnc., Satum Dcvelopment
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LLC and Alvin B. Chan, Inc. do not have any injunctivc rclicf obligations. Therefore,
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Defendants Terramar Retail Centem, LLC and Shops at the Ridge are the only Defendants having
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injunctive relief obligations to Plaintiff
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6.
Paragraph 7 ofthe Consent Decree states the scope and timing ofthe "corrective
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work" Terramar Rctail Centers, LLC and Shops at the Ridge, LLC are required to accomplish.
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All of this concctivc work
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l4 ofthe Consent Decree
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enforce the Consent Dccree for eighteen months aftcr entry ofthe Consent Decree or until the
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injunctive relicf is completed and all settlement payments are made, whichever occurs later.
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settlement payments by Defendants to Plaintiffhavc been made, Accordingly, the parties in this
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matter are requesting the Court to dismiss this matter with prejudice but retain jurisdiction to
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cnforce and interpret any injunctive reliefissues in paragraphs 7 and 14 ofthe Consent Decree or
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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
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STIPULATION
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Based on the facts stated above, all parties in this matter, through their respective
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stipulate as follows:
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All
monetary obligations of Defendants to Plaintiff, as set lorth in the
Decree, have been satisfied by the Defendants.
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2,
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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
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Procedure 65(d)(2), the "persons bound" by the injunctive reliefprovisions ofthe Consent
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are
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Ridge, LLC.
PlaintiffNikki Brown-Booker and Defendants Terramar Retail Centers, LLC and Shops at
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3.
Plainti{fs Amended Complaint shall be dismissed with prejudice,
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The Court retains jurisdiction to enforce and interpret the injunctivc
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provisions in the Consent Decree including, but not limited to, pamgraphs 7 and 14 of
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Consent Decree as to Plaintiff
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LLC and Shops
at the Ridge,
Nikki Brown-Booker and Defendants Tenamar Retail Centers,
LLC.
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zd
C6c No. 3:15-CY-02658-EDL
STIPULATION FOR DISMISSALi coURTTO RETAIN JURISDICTIONi IPIIOPOSEDI ORDER THEREON
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,",*,
a\I{ro,u
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(, 'h
'o**e
OF PAUL L. RE]N
By: PAUL L. REIN, ESQ.
Attomeys for Plaintiff
NIKKI BROWN-BOOKER
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Dated: February
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,2016
KIMBALL, TIREY & ST. JOHN LLP
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S). KENNETH E. LANC-E, esa
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Attomeys for Dcfcndants
SHOPS AT TIIE RIDGE LLC, TERRAMAR
RETAIL CENTERS, ANd ALVIN B. CHAN, INC.
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Dated: February
26 ,2016
CALL & JENSEN
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By, IITCALEL ORR, ESa
Attorneys tor Dcfcndants
SAFEWAY INC. ANd SATURN DEVELOPMENT
LLC, FKA PROPERTY DEVELOPMENT
CENTERS, LLC
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J OHr{
csE No. 3:15-CY{2658-EDL
STIPULATTON 8OR DISMISSALi COURT TO nETAIN JURI8DICTION| IP&O8OSEDIORDERTHEREON
ORDER
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After reading the stipulation ol the parties, and good cause appearing, this court orders
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follows:
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PlaintifPs Amended Complaint is dismissed with prejudice.
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provisions
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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
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ar.d 14 of
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All
monetary obligations of Defendants to Plaintiff, as set forth in the
Decree, have bcen satisfied by the Defendants.
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4.
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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
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complies
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Procedure 65(d)(2), the "pelsons bound" by the injunctive reliefprovisions
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are
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Ridge, LLC.
PlaintiffNikki Brown-Booker
and Defendants Teramar Retail Centers,
ofthe Consent
LLC and Shops at the
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IT IS SO ORDERED.
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March 1, 2016
H"r"rrbl. Elt*b.th DJrp"rt"
United States Magistrate Judge
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Cas. No. 3rl5-!V4265E"EDL
STIPULATION FoR DISMISSAL;CouRT TO RETAIN JURISDICTION; IPROPOSEDIORDER THERtrON
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