Jackson et al v. Cloney's Pharmacy, Inc. et al

Filing 35

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 10/11/17. (tfS, COURT STAFF) (Filed on 10/11/2017)

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1 2 3 4 5 6 7 Peter E. Martin, SBN 121672 peter@martinmacklaw.com Shelley K. Mack, SBN 209596 shelley@martinmacklaw.com Martin & Mack LLP 1369 G Street Arcata, California 95521 Tel: (707) 268-0445 Fax: (707) 667-0318 Attorneys for Plaintiffs PATRICIA JACKSON and MICHELLE JACKSON 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 PATRICIA JACKSON and MICHELLE JACKSON, Plaintiffs, 14 15 16 17 18 19 vs. CLONEY’S PHARMACY, ANGELA MATTHEWS, and DOES 1 through 10, Defendants. ) Case No. 3:16-cv-06975 ) ) STIPULATION FOR DISMISSAL OF ) ACTION WITHOUT PREJUDICE ) ) ) ) ) ) ) ) 20 21 22 23 24 25 26 27 28 ____________________________________________________________________________________________________ STIPULATION FOR DISMISSAL OF ACTION WITHOUT PREJUDICE CASE NO. 16-cv-06975 1 1 IT IS HEREBY STIPULATED by and between the parties, Plaintiffs PATRICIA JACKSON 2 and MICHELLE JACKSON (“Plaintiffs”), and Defendants CLONEY’S PHARMACY, ANGELA 3 MATTHEWS, and DOES 1 through 10 (“Defendants”), by and through their respective attorneys, as 4 follows: 5 WHEREAS, Plaintiffs filed their Complaint on or about December 6, 2016; 6 WHEREAS, the parties have executed a Settlement and Release of Claims Agreement with an 7 8 9 10 11 12 13 effective date of August 1, 2017; WHEREAS, the Settlement and Release of Claims Agreement provides for Defendants to make monthly settlement payments to Plaintiffs on or before the 5th day of every month, for twenty four months (the “Term”); WHEREAS, the Settlement and Release of Claims Agreement provides for a dismissal of this entire action with prejudice on or before the last day of the last month of the Term; and WHEREAS, the United States District Court, Northern District of California shall maintain 14 jurisdiction over this matter until such time as a notice of dismissal with prejudice is filed, and in the 15 event that Defendants stop making monthly payments before the end of the Term or before the 16 settlement amount has been met, Plaintiffs may request this Court reopen the matter to enforce the terms 17 of the Settlement and Release of Claims Agreement; 18 NOW, THEREFORE, IT IS HEREBY STIPULATED, pursuant to Rule 41(a)(1)(A)(ii) of the 19 Federal Rules of Civil Procedure, by and between the Parties through their respective Counsel, that this 20 matter be dismissed without prejudice effective immediately. 21 IT IS SO STIPULATED AND AGREED. 22 23 24 25 26 DATED: October 9, 2017 MARTIN & MACK LLP /s/ Shelley K. Mack By: _________________________________ SHELLEY K. MACK Attorneys for Plaintiffs 27 28 ____________________________________________________________________________________________________ STIPULATION FOR DISMISSAL OF ACTION WITHOUT PREJUDICE CASE NO. 16-cv-06975 2 1 2 3 4 DATED: October 9, 2017 DUN & MARTINEK LLP /s/ Shelley C. Addison By: _________________________________ SHELLEY C. ADDISON Attorneys for Defendants 5 10 ER LI us Judge S A H 13 RT 12 n an Illsto NO 11 R NIA D RDERE OO IT IS S FO 9 UNIT ED 8 S DISTRICT TE C TA RT U O 7 S 6 N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____________________________________________________________________________________________________ STIPULATION FOR DISMISSAL OF ACTION WITHOUT PREJUDICE CASE NO. 16-cv-06975 3

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