Moralez v. Darbri Corporation et al

Filing 30

STIPULATION AND ORDER DISMISSING CASE; JUDGMENT re 29 filed by Francisca Moralez. Signed by Judge Edward M. Chen on 7/18/18. (bpf, COURT STAFF) (Filed on 7/18/2018)

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Tanya E. Moore, SBN 206683
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Plaintiff
Francisca Moralez

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,

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Plaintiff,
vs.

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DARBRI CORPORATION dba MARKUS
SUPPLY ACE HARDWARE, et al.,

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Defendants.

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No. 3:17-cv-05870-EMC
STIPULATION FOR DISMISSAL OF
ACTION WITHOUT PREJUDICE;
[PROPOSED] ORDER

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STIPULATION FOR DISMISSAL OF ACTION WITHOUT PREJUDICE; [PROPOSED] ORDER
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IT IS HEREBY STIPULATED by and between Plaintiff, Francisca Moralez

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(“Plaintiff”), and Defendants, Darbri Corporation dba Markus Supply Ace Hardware, Cardanal

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Partners L.L.C., Sharon J. Gordon, Daniel W. Altwarg; and Carol Altwarg (“Defendants”), the

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parties to this action, by and through their respective counsel, that pursuant to Federal Rule of

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Civil Procedure 41(a)(1)(A)(ii), the above-captioned action be dismissed without prejudice.

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IT IS FURTHER STIPULATED between Plaintiff and Defendants that the Parties have

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entered into a Stipulated Judgment, attached hereto as Exhibit “A,” which provides for

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judgment to be entered in Plaintiff’s favor in the event that Defendants default on their

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obligations under the Parties’ settlement agreement. The Parties request that the Court retain

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jurisdiction to enforce the terms of the Stipulated Judgment under the authority of Kokkonen v.

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Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).

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Dated: July 16 2018
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MISSION LAW FIRM, A.P.C.

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/s/ Tanya E. Moore

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Tanya E. Moore
Attorneys for Plaintiff,
Francisca Moralez

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Dated: July __, 2018

LEADER-PICONE & YOUNG, LLP

Malcom Leader-Picone
Attorneys for Defendants,
Darbri Corporation dba Markus Supply Ace
Hardware, Cardanal Partners L.L.C., Sharon J.
Gordon, Daniel W. Altwarg; and Carol Altwarg
ATTESTATION
Concurrence in the filing of this document has been obtained from each of the individual(s)
whose electronic signature is attributed above.
/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Francisca Moralez

STIPULATION FOR DISMISSAL OF ACTION WITHOUT PREJUDICE; [PROPOSED] ORDER
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ORDER

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The parties having so stipulated,

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IT IS HEREBY ORDERED that this action be dismissed without prejudice. The Court

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will retain jurisdiction to enforce the terms of the Stipulated Judgment under the authority of

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Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).

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7/18/18

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Dated:

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IT IS SO ORDERED.

UNIT
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STIPULATION FOR DISMISSAL OF ACTION WITHOUT PREJUDICE; [PROPOSED] ORDER
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EXHIBIT A

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Tanya E. Moore, SBN 206683
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Plaintiff
Francisca Moralez

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCA MORALEZ,

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Plaintiff,
vs.
DARBRI CORPORATION dba MARKUS
SUPPLY ACE HARDWARE, et al.,
Defendants.

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) No. 3:17-cv-05870-EMC
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) STIPULATION FOR ENTRY OF
) JUDGMENT; JUDGMENT
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Pursuant to the Confidential Settlement Agreement and Release (“Agreement”)

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between Plaintiff, Francisca Moralez (“Plaintiff”), and Defendants, Darbri Corporation dba

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Markus Supply Ace Hardware, Cardanal Partners L.L.C., Sharon J. Gordon, Daniel W.

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Altwarg; and Carol Altwarg (“Defendants,” and together with Plaintiff, “the Parties”), the

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Parties, through their attorneys of record, hereby stipulate as follows:

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1.

Plaintiff filed a civil lawsuit against Defendants, Case Number 3:17-cv-05870-

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EMC (“the Action”). Plaintiff claims in that Action that she is entitled to injunctive relief under

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the Americans with Disabilities Act (“ADA”), injunctive relief and statutory damages under

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the California Unruh Civil Rights Act (“Unruh Act”), and injunctive relief under the California

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Health and Safety Code (“Health and Safety Code”). Plaintiff also sought the recovery of her

STIPULATION FOR ENTRY OF JUDGMENT; JUDGMENT

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attorneys’ fees, costs, and litigation expenses as permitted under both the ADA, the Unruh Act

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and the Health and Safety Code.

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2.

On or about July 10, 2018, Plaintiff and Defendants entered into the Agreement

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resolving all claims in the Action. As part of the Agreement, Defendants agreed to pay Plaintiff

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$23,000 (the “Settlement Sum”) payable in six monthly payments of $3,833.34 commencing

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July 20, 2018 (the “Installment Payments”). The Settlement Sum represented a compromised

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amount of the total amount of damages, fees, costs, and litigation expenses to which the Parties

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expressly acknowledge Plaintiff was entitled.

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3.

The Agreement further provides that in the event that Defendants fail to make any

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of their Installment Payments to Plaintiff, Defendants had 15 days from Plaintiff’s written

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notice to Defendants to cure their default by making all remaining payments then due to

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Plaintiff. If Defendants’ default was not cured within such 15 days, then Plaintiff has the right

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to file this Stipulated Judgment in the amount of $29,000 (“Judgment”) less any Installment

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Payments made by Defendants. Defendants acknowledge that Plaintiff is entitled to the full

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$29,000 for her statutory damages, attorneys’ fees, costs, and litigation expenses, and that the

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$23,000 Settlement Sum was solely a compromise of this claim for purposes of settlement.

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4.

Defendants have thus far made a total of _____ payments totaling

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$____________. On ____________, 2018, Defendants defaulted on their Installment Payment

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obligations. Defendants further failed to cure their default by ____________, 2018 after

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receiving proper notice pursuant to the Agreement on ____________, 2018.

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5.

The Parties thereby stipulate that Judgment be entered in favor of Plaintiff and

against Defendants in the remaining amount of $______________________.
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This stipulated judgment shall not affect Plaintiff’s ability to enforce the non-

monetary terms of the Agreement in a separate action.

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STIPULATION FOR ENTRY OF JUDGMENT; JUDGMENT

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IT IS SO STIPULATED.

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Dated: July __, 2018

MISSION LAW FIRM, A.P.C.

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/s/ Tanya E. Moore

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Tanya E. Moore
Attorneys for Plaintiff,
Francisca Moralez

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Dated: July __, 2018
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LEADER-PICONE & YOUNG, LLP

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Malcom Leader-Picone
Attorneys for Defendants,
Darbri Corporation dba Markus Supply Ace
Hardware, Cardanal Partners L.L.C., Sharon J.
Gordon, Daniel W. Altwarg; and Carol Altwarg

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JUDGMENT

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Pursuant to the Stipulation of the parties, Judgment is hereby entered in favor of Plaintiff

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23,000
and against Defendants in the amount of $_____________________.

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7/18/18

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United States District Judge
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STIPULATION FOR ENTRY OF JUDGMENT; JUDGMENT

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ATTESTATION

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

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/s/ Tanya E. Moore
Tanya E. Moore
Attorneys for Plaintiff
Francisca Moralez

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STIPULATION FOR ENTRY OF JUDGMENT; JUDGMENT

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