International Church of the Foursquare Gospel v. City of San Leandro et al

Filing 260

STIPULATION AND ORDER DISMISSING CASE WITH PREJUDICE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 9/26/12. (nah, COURT STAFF) (Filed on 9/26/2012)

1 SHEPPAR.D MULLIN RICHTER & HAM~'TON t,LP
A Limited Liability Partnership
2 Including Professional Corporations
SCOTT E. HENNIGH,SBN 184413
3 MEREDITH JONES-MCKEOWN,SBN 233301
Four Embarcadero Center, i7th Floor
4 San Francisco, California 94111-4106
Telephone: [phone]
5 Facsimile: 415-434-3947
[e-mail]
Email:
6
Kevin T. Snider, SBN 170988
7 PACIFIC NSTICE INSTITUTE
P.O. Box 276600
8 Sacramento; CA 95827
Telephone: [phone]
9 Facsimile: 916-857-6902
Email:[e-mail]
10
Attorneys for Plaintiff
11 INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL
12
13

UNITED STATES DISTRICT COURT

14

NORTI~RN DISTRICT OF CALIFORNIA

15
16 INTERNATIONAL CHURCH OF THE
FOURSQUARE GOSPEL,
17
Plaintiff,
18
v.
19
CITY OF SAN LEANDRO,
20
Defendant.
21
FAITH FELLOWSHIP FOURSQUARE
22 CHURCH,

No. 4:47-cv-03645-PJH
STII'ULATION AND[PROPOSED]
ORDER FOR DISMISSAL OF
COMPLAINT WITH PREJUDICE
PURSUANT TO FRCP 41
Judge: Hon.Phyllis J. Hamilton
Courtroom: 3
Complaint Filed: July 12, 2007

Real Party in Interest.

23
24
25

WHEREAS,on September 14, 2012,Plaintiff International Church ofthe

26 Foursquare Gospel and Real Party in Interest Faith Fellowship Foursquare Church
(
27 ~, (collectively, the "Church")and Defendant City of San Leandro "City")(collectively, the
28
SMRH:406806833.1

STIPULATION AND[PROPOSED]ORDER FOR DISMISSAL

1 "Parties")participated in court ordered mediation at which time they agreed to fully settle
2 ~ the instant action;
3

VVI-iEREAS, the Parties subsequently entered into a Settlement Agreement and

4 Mutual Release resolving all of the Church's claims against the City, including all claims
(
5 arising under the Religious Land Use and Institutionalized Persons Act "RLUIPA"),
6 codified at 42 U.S.C. § 2000cc, et. seq., in exchange for valuable consideration;
7

NOW THEREFORE,the Parties hereby jointly and respectfully request that the

8 Court, pursuant to Federal Rule of Civil Procedure 41(a)(1), discontinue and dismiss with
9 prejudice the above titled-action as to all parties, with each party bearing its own fees and
10 costs, except as provided for in the Settlement Agreement and Mutual Release into
11 between the Parties.
12
13 IT IS SO STIPULATED.
14 Dated: ~ 2~P

~
,20 ~

15

MEYERS,NAVE,RIBACK;SILVER &WILSON

16
17

BY

_ ~ __

__

~ _

/ __~-

18
Attorneys for Defendant
CITY OF SAN LEANDRO

19
20
21 Dated: ~
"~__,20~-

SHEPPARD,MULLIN,RICHTER & HA.MPTON t,LP

22
23
SCOTT E. HENNIGH
MEREDITH A. JONES-McKEOWN

24
25

Attorneys for Plaintiff
INTERNATIONAL CHURCH OF THE
FOURSQUARE GOSPEL

26
27
28
SMRH:4068(K833.1

_Zr

STIPULATION AND [PROPOSED]ORDER FOR DISMISSAL ~

[PROPOSED] ORDER

1
2
3

Having been advised by the Parties that a Settlement Agreement and Mutual

4 Release was.entered into, pursuant to which the Church has agreed to release all pending
51 claims against the City, including all claims arising under RLLTIPA,in exchange for
6'' valuable consideration, the matter ofInternational Church ofthe Foursquare Gospel v.
7 City ofSan Leandro, United States District Court, Northern District of California, Case
8!, No.4:07-cv-03605-PJH, is, by reason ofthe settlement, hereby dismissed with prejudice in
9 its entirety as to all parties.

on, y is
ami ton
United States District Court n
Hamilto
hyllis J.
Judge P

RT

15

ER

17

A

H

16

LI

NO

14

R NIA

DERED
SO OR
IT IS

FO

13 Dated: 9/26/12

UNIT
ED

12

S DISTRICT
TE
C
TA

RT
U
O

11 IT IS S4 ORDERED.

S

10

N

D IS T IC T
R

OF

C

18
19
20
21
22
23
24
25
26
27
28
SMRH:406806833.I

STIl'ULATION AND[PROPOSED]ORDER FOR DISMISSAL ~