Moralez v. Sears, Roebuck and Co.

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER for dismissal of action filed by Francisca Moralez. Signed by Judge Jon S. Tigar on March 6, 2018. (wsn, COURT STAFF) (Filed on 3/6/2018)

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1 2 3 4 5 Zachary M. Best. SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 E-mail: service@mission.legal Attorneys for Plaintiff Francisca Moralez 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 FRANCISCA MORALEZ, 12 13 14 15 16 17 Plaintiff, vs. SEARS, ROEBUCK AND CO. dba SEARS AUTO CENTER, Defendant. ) No. 3:17-cv-06426-JST ) ) STIPULATION FOR DISMISSAL OF ) ACTION; [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER Page 1 1 IT IS HEREBY STIPULATED by and between Plaintiff Francisca Moralez 2 (“Plaintiff”) and Defendant Sears, Roebuck and Co. (“Defendant”), by and through their 3 respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), this action be 4 dismissed with prejudice. 5 IT IS FURTHER STIPULATED between Plaintiff and Defendant that this case has 6 been settled as between them and all issues and controversies have been resolved to their 7 mutual satisfaction. Plaintiff and Defendant request that the Court retain jurisdiction to enforce 8 the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. 9 Co. of America, 511 U.S. 375, 381-82 (1994). 10 11 Dated: March 6, 2018 12 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff Francisca Moralez 13 14 15 MISSION LAW FIRM, A.P.C. Dated: March 6, 2018 JACKSON LEWIS P.C. 16 17 18 19 /s/ Kaitlyn L. Lavaroni Kaitlyn L. Lavaroni Attorneys for Defendant Sears, Roebuck and Co. 20 ATTESTATION 21 Concurrence in the filing of this document has been obtained from each of the individual(s) whose electronic signature is attributed above. 22 23 24 25 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff Francisca Moralez 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER Page 2 1 ORDER 2 The parties having so stipulated, 3 IT IS HEREBY ORDERED as follows: 4 1. Plaintiff Francisca Moralez (“Plaintiff”) and Defendant Sears, Roebuck and Co. 5 (“Defendant”) shall comply with the terms of the confidential Settlement Agreement and 6 Limited Release, the terms of which are incorporated herein by reference for disclosure only as 7 required by law. 8 2. 9 By consent of Plaintiff and Defendant, the Court shall retain jurisdiction in this matter for the purpose of enforcing the terms of the settlement agreement. 10 3. 11 prejudice. 12 Except as provided for in paragraphs 1 and 2 above, this action is dismissed with IT IS SO ORDERED. 13 14 15 Dated: March 6, 2018 ______________________________________ HON. JON S. TIGAR United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER Page 3

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