Martin v. Evans et al

Filing 111

STIPULATION AND ORDER DISMISSING ACTION WITH PREJUDICE re 110 STIPULATION WITH PROPOSED ORDER Dismissing Action With Prejudice filed by Russell Martin, R. Boccella, D. Beatty, ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 12/13/12. (fs, COURT STAFF) (Filed on 12/13/2012)

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KAMALA D. HARRIS

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THOMAS S. PATTERSON

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JOSE A. ZELIDON-ZEPEDA

Attorney General of California
Supervising Deputy Attorney General
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Deputy Attorney General
State Bar No. 227108
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: Jose.ZelidonZepeda@doj .ca.gov
Attorneys for Defendant
R. Boccella and D. Be~tty

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SETH L. NEULIGHT, CA Bar No. 184440
sneulight@nixonpeabody .com
MATHEW J. FRANKEL, CABarNo. 256633
mfrankel@nixonpeabody. com
ALEXANDRA DEVENDRA, CA Bar No. 278048
adevendra@nixonpeabody .com
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, California 94111-3600
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
RUSSELL MARTIN

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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C 08-4067 YGR

RUSSELL MARTIN,
Plaintiff,
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STIPULATION AND [PROPOSED]
ORDER DISMISSING ACTION WITH
PREJUDICE
[Fed. R. Civ. P. 41(a)(2)]

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M. S. EVANS, et al.,
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Defendants.
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Judge:

The Honorable Yvonne
Gonzalez Rogers

Action Filed: August 26, 2008

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Stip. Vol. Dism. (C 08-4067 YGR)

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Plaintiff Russell Martin ("Plaintiff') filed a Complaint commencing this action on or about
August 26, 2008, which Complaint was later ordered served on Defendants R. Boccella and D.
Beatty (collectively, "Defendants").

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Plaintiff and Defendants have settled and resolved this case in its entirety, which settlement
is memorialized in a written agreement between Plaintiff, on the one hand, and Defendants and
the California Department of Corrections and Rehabilitation, on the other hand (the "Settlement
Agreement").

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The Settlement Agreement provides that the Parties shall enter into this Stipulation and
[Proposed] Order dismissing this action with prejudice, provided, however, that the Court shall
retain jurisdiction to enforce the Settlement Agreement.

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THEREFORE, the parties stipulate, and respectfully request that the Court enter an order,
as follows:

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1.

ofthe Federal Rules of Civil Procedure.

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This action is hereby DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(2)

2.

If any party to this cause shall certify to this Court, with proof of service of a copy

thereon on opposing counsel, that the agreed consideration for the settlement has not been
delivered within 180 days from dismissal, this dismissal shall be vacated, and this cause shall be
restored to the Court's calendar for further proceedings, including without limitation proceedings
to enforce the parties' Settlement Agreement.

Ill
Ill

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Stip. Vol. Dism. (C 08-4067 YGR)

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Each party shall bear its own litigation costs and attorney's fees.

IT IS SO STIPULATED.

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Dated:

12..-/ I/ , . . .

-:....=::-,,'-l~'+,__..__,.,-!;.---

By:

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· Mathew J. Frankei,ESq:"--Nixon Peabody LLP
Counsel for PlaintiffRussell Martin

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

December 13,
Dated: - - - - - - 2012 - --

Hon. Yvonne Gonzalez Rogers
United States District Judge

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SF2009201681
20640269.doc

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J'

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Stip. Vol. Dism. (C 08-4067 YGR)