Mazzitti v. March of Dimes Foundation

Filing 28

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER Re: Dismissal of Entire Action With Prejudice filed by March of Dimes Foundation. Signed by Judge Jon S. Tigar on October 4, 2017. (wsn, COURT STAFF) (Filed on 10/4/2017)

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1 2 3 4 5 6 7 DANIELLE OCHS, State Bar No. 178677 danielle.ochs@ogletree.com ZACHARY W. SHINE, State Bar No. 271522 zachary.shine@ogletree.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: 415.442.4810 Facsimile: 415.442.4870 Attorneys for Defendant MARCH OF DIMES FOUNDATION 8 9 10 11 12 13 14 SONYA L. SMALLETS, State Bar No. 226190 sonya@minnisandsmallets.com AARON P. MINNIS, State Bar No. 202935 SEAN D. MCHENRY, State Bar No. 284175 MINNIS & SMALLETS LLP 369 Pine Street, Suite 500 San Francisco, CA 94104 Telephone: 415.551.0885 Facsimile: 415.683.7157 Attorneys for Plaintiff MARGUERITE MAZZITTI 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 MARGUERITE MAZZITTI, 19 20 21 22 23 Plaintiff, vs. MARCH OF DIMES FOUNDATION; and DOES 1 through 10, Case No. 3:16-cv-03781-JST STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ENTIRE ACTION WITH PREJUDICE Action Filed: May 24, 2016 Defendants. 24 25 26 27 28 Case No. 3:16-cv-03781-JST STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ENTIRE ACTION WITH PREJUDICE 1 Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff Marguerite Mazzitti 2 (“Plaintiff”) and Defendant March of Dimes Foundation (“MOD”) (collectively “the Parties”), by 3 and through their respective counsel of record, stipulate and request that the entire above-captioned 4 action be dismissed with prejudice, with each side to bear its own costs and fees. The Parties 5 further stipulate and request that Judge Jon S. Tigar of the United States District Court for the 6 Northern District of California or his successor retain jurisdiction to enforce the provisions of the 7 Settlement Agreement and General Release (“Agreement”) and over any matters or actions brought 8 to enforce the Agreement. 9 10 DATED: October 4, 2017 11 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 12 13 By: /s/ Zachary W. Shine DANIELLE OCHS ZACHARY W. SHINE 14 15 Attorneys for Defendant MARCH OF DIMES FOUNDATION 16 17 DATED: October 4, 2107 MINNIS & SMALLETS 18 19 20 21 22 By: /s/ Sonya L. Smallets SONYA SMALLETS Attorneys for Plaintiff MARGUERITE MAZZITTI 23 24 25 26 27 28 1 Case No. 3:16-cv-03781-JST STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ENTIRE ACTION WITH PREJUDICE 1 2 SIGNATURE ATTESTATION Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this 3 document has been obtained from the other signatories. 4 DATED: October 4, 2017 5 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 6 7 8 9 10 By: /s/ Zachary W. Shine DANIELLE OCHS ZACHARY W. SHINE Attorneys for Defendant MARCH OF DIMES FOUNDATION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 3:16-cv-03781-JST STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ENTIRE ACTION WITH PREJUDICE 1 ORDER OF THE COURT 2 Pursuant to the Stipulation And [Proposed] Order by and between Plaintiff Marguerite 3 Mazzitti and Defendant March of Dimes Foundation, and good cause appearing to the Court: 4 IT IS HEREBY ORDERED that the matter is dismissed with prejudice in its entirety, in 5 accordance with the terms of the Stipulation. Each party shall bear its own fees and costs. This 6 Court shall retain jurisdiction to enforce the provisions of the Settlement Agreement and General 7 Release (“Agreement”) and Stipulaover any matters or actions brought to enforce the Agreement. 8 Marguerite Mazzitti v. March of Dimes Foundation, Case No. 3:16-cv-03781-JST, is hereby 9 dismissed. 10 IT SO ORDERED. 11 12 13 DATED: October 4, 2017 HONORABLE JON S. TIGAR United States District Court Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 3:16-cv-03781-JST STIPULATION AND [PROPOSED] ORDER RE: DISMISSAL OF ENTIRE ACTION WITH PREJUDICE

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