Schulz v. Bay Area Motivate, LLC et al

Filing 56

ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE. Signed by Judge Maxine M. Chesney on June 7, 2021. (Attachment: # 1 Exhibit A)(mmclc1S, COURT STAFF) (Filed on 6/7/2021)

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PAUL L. REIN, ESQ. (State Bar No. 43053)
AARON M. CLEFTON (State Bar No. 318680)
REIN & CLEFTON, Attorneys at Law
200 Lakeside Drive, Suite A
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff
JOHN SCHULZ

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FOLGER LEVIN LLP
Jiyun Cameron Lee (CSB No. 161667, [e-mail])
Marie Jonas (CSB No. 278952, [e-mail])
199 Fremont Street, 20th Floor San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415.625.1091
Attorneys for Defendants
METROPOLITAN TRANSPORTATION
COMMISSION and CITY AND
COUNTY OF SAN FRANCISCO

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3:19-cv-02134-MMC

JOHN SCHULZ,

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Civil Rights

Plaintiff,
v.

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METROPOLITAN TRANSPORTATION
COMMISSION; and CITY AND COUNTY OF
SAN FRANCISCO

STIPULATION AND [PROPOSED]
ORDER DISMISSING ENTIRE ACTION
WITH PREJUDICE

Defendants.

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STIPULATION

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Plaintiff JOHN SCHULZ (“Plaintiff”) and Defendants METROPOLITAN

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TRANSPORTATION COMMISSION; and CITY AND COUNTY OF SAN FRANCISCO

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(“Defendants”) – Plaintiff and Defendants together the “Parties” – hereby stipulate and request

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that pursuant to Federal Rules of Civil Procedure 41(a)(l)(A)(ii), the above-captioned action be

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dismissed with prejudice in its entirety. Each side shall pay its own attorneys' fees and costs,
NOTICE OF SETTLEMENT AND
STIPULATION AND [PROPOSED] ORDER
Case No. 3:19-cv-02134-MMC
Dismissal.docx

C:\Users\MMCLC1\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\50AL9Z4N\Final Stipulated

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except as expressly set forth in a Settlement Agreement between the parties.
In accordance with Paragraph 9 of General Order 56, the Parties request that the Court

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retain jurisdiction to enforce the injunctive relief measures specified in Exhibit A attached hereto.

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IT IS SO STIPULATED.

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Dated: April 26, 2021

REIN & CLEFTON
/s/ Aaron M. Clefton
By: AARON M. CLEFTON, ESQ.
Attorneys for Plaintiff
JOHN SCHULZ

Dated: April 26, 2021

FOLGER LEVIN LLP
/s/ Jiyun Cameron Lee
By: JIYUN CAMERON LEE, ESQ.
Attorneys for Defendants
METROPOLITAN TRANSPORTATION
COMMISSION and CITY AND
COUNTY OF SAN FRANCISCO

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1, I hereby attest that on April 26, 2021, I, Aaron Clefton,
attorney with Rein & Clefton, received the concurrence of Jiyun Cameron Lee, counsel for
Defendants, in the filing of this document.
/s/ Aaron M. Clefton
Aaron M. Clefton

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[PROPOSED] ORDER
Pursuant to the stipulation of the parties, and for good cause shown, IT IS SO ORDERED.

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Defendants shall perform the work specified in Exhibit A. The Court shall retain jurisdiction to

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enforce the work contemplated to be done in Exhibit A and the Parties’ separate Settlement

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Agreement as to monetary terms.

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IT IS SO ORDERED.

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June 7
Dated: __________, 2021

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__________________________________
______________________________
____
__ _
_
_
Honorable Maxine M. Chesney
Honor
Hon rable
M.
United States District Court Judge
Unite
ited
it

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-2STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL
Case No. 3:19-cv-02134-MMC

C:\Users\MMCLC1\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\50AL9Z4N\Final Stipulated Dismissal.docx