Riker v. Mustard's Grill et al

Filing 15

ORDER re 13 granting STIPULATION FOR DISMISSAL. Signed by Judge Claudia Wilken on 12/10/08. (scc, COURT STAFF) (Filed on 12/10/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SIDNEY J. COHEN, ESQ., State Bar No. 39023 SIDNEY J. COHEN PROFESSIONAL CORPORATION 427 Grand Avenue Oakland, CA 94610 Telephone: (510) 893-6682 Facsimile: (510) 893-9450 Attorneys for Plaintiff JEAN RIKER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JEAN RIKER Plaintiff, v. MUSTARD'S GRILL; 3W & C, LLC;and DOES 1-25, Inclusive, Defendants. / CASE NO. CV 07-6397 CW Civil Rights STIPULATION AND ORDER FOR DISMISSAL FRCP section 41 (a) (1) (ii) Plaintiff Jean Riker and defendants Mustard's Grill and 3W & C, LLC, by and through their attorneys of record, file this Stipulation of Dismissal pursuant to Federal Rule of Civil Procedure section 41 (a) (1) (ii). Plaintiff filed this lawsuit on December 18, 2007. Plaintiff and defendants have entered into a "Mutual Release And Settlement Agreement" which settles all aspects of the lawsuit against all defendants. A copy of the "Mutual Release And Settlement Agreement" is incorporated by reference herein as if set forth in full. Plaintiff and defendants stipulate to the court retaining jurisdiction to enforce the "Mutual Release And Settlement Agreement." Plaintiff moves to dismiss with prejudice the lawsuit against defendants. Defendants, who have answered the Complaint, agree to the dismissal with prejudice. This case is not a class action, and no receiver has been appointed. This Stipulation and Order may be signed in counterparts, and facsimile signatures shall Stipulation And Order For Dismissal -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be as valid and as binding as original signatures. Wherefore, plaintiff and defendants, by and through their attorneys of record, so stipulate. Date: 12/5/08 SIDNEY J. COHEN PROFESSIONAL CORPORATION /s/ Sidney J. Cohen ______________________________ Sidney J. Cohen Attorney for Plaintiff Jean Riker Date: 12/5/08 Law Offices Of James R. Rose /s/ Sidney J. Cohen James R. Rose Attorney for All Defendants PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED: The lawsuit against defendants is dismissed with prejudice. The Court shall retain jurisdiction to enforce the parties' "Mutual Release And Settlement Agreement." Date: 12/10/08 Claudia Wilken United States District Judge Stipulation And Order For Dismissal -2-

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