Dytch v. Magana et al

Filing 101

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 1/28/19. (tfS, COURT STAFF) (Filed on 1/28/2019)

1
2
3
4
5

Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorney for Plaintiff,
Albert Dytch

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12

ALBERT DYTCH,
Plaintiff,

13
14
15
16
17
18
19
20

vs.
ANTONIO MAGANA dba FLACOS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

No. 3:17-cv-00438-SI
STIPULATION FOR DISMISSAL OF
ENTIRE ACTION WITH THE COURT’S
RETENTION OF JURISDICTION TO
RESOLVE PLAINTIFF’S CLAIM FOR
ATTORNEYS’ FEES AND COSTS
[PROPOSED] ORDER

21
22
23
24
25
26
27
28

STIPULATION FOR DISMISSAL OF ENTIRE ACTION; [PROPOSED] ORDER
Page 1

1

IT IS HEREBY STIPULATED by and between Plaintiff, Albert Dytch (“Plaintiff”),

2

and Defendant, Maxaco, LLC (“Defendant,” and together with Plaintiff, “the Parties”), all

3

remaining parties to this action, by and through their respective counsel, that pursuant to

4

Federal Rule of Civil Procedure 41(a)(2), the above-captioned action be dismissed with

5

prejudice.

6

IT IS FURTHER STIPULATED by the Parties that the Court shall expressly retain

7

jurisdiction over this matter for the purpose of adjudicating any subsequent motion Plaintiff

8

may bring to recover his attorneys’ fees and costs (“Fees Motion”). Any Fees Motion shall be

9

filed within 45 days of the date the Court issues its Order on this stipulation.

10
11

Dated: January 22, 2019

MOORE LAW FIRM, P.C.

12
/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Albert Dytch

13
14
15
16
17
18

Dated: January 22, 2019
/s/ Peter A. Magganas
Peter A. Magganas
Attorney for Defendant,
Maxaco, LLC

19
20
21
22

ATTESTATION
Concurrence in the filing of this document has been obtained from each of the individual(s)
whose electronic signature is attributed above.

23
24
25

/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Albert Dytch

26
27
28

STIPULATION FOR DISMISSAL OF ENTIRE ACTION; [PROPOSED] ORDER
Page 2

ORDER

1
2

The Parties having so stipulated and good cause appearing,

3

IT IS HEREBY ORDERED as follows:

4

1.

5

The Court retainA jurisdiction over this matter for the purpose of adjudicating

any motion brought by Plaintiff to recover his attorneys’ fees and costs (“Fees Motion”).

6

2.

Plaintiff shall file any Fees Motion within 45 days of the date of this Order.

7

3.

Except as provided for in paragraph 1, the action is dismissed with prejudice.

8
9

IT IS SO ORDERED.

10
11
12

Dated:

1/28/19

SUSAN ILLSTON
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION FOR DISMISSAL OF ENTIRE ACTION; [PROPOSED] ORDER
Page 3