Castro v. Nob Hill Catering, Inc.

Filing 21

ORDER Granting 20 Stipulation to Dismiss with Prejudice After Mediation. Signed by Judge Claudia Wilken on 9/19/2011. (ndr, COURT STAFF) (Filed on 9/19/2011)

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TOMAS E. MARGAIN, Bar No. 193555
DAL BON & MARGAIN APC
28 NORTH 1ST SUITE 700
SAN JOSE, CA 95113
TEL [phone]
FAX [phone]
[e-mail]
Attorneys for Plaintiff
CHRISTOPHER E. COBEY, Bar No. 060821
ISELA PEREZ, Bar No. 267859
LITTLER MENDELSON
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686
Attorneys for Defendant
NOB HILL CATERING, INC.

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UNITED STATES DISTRICT COURT

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FOR NORTHERN DISTRICT OF CALIFORNIA

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OMAR TEPETE CASTRO

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Plaintiff

,?
v.
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Case No.: 4:ll-cv-00051-CW
STIPULATION TO DISMISS WITH
PREJUDICE; COURT TO RETAIN
JURISDICTION FOR 30 DAYS TO
ENFORCE PAYMENT AGREEMENT

NOB HILL CATERING, INC.

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Defendants

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THE PARTIES THROUGH THEIR ATTORNEYS OF RECORD HEREBY
STIPULATE AS FOLLOWS:
1.

The matter has fully settled. The case settled during a formal mediation session
conducted by R. Stephen Goldstein appointed by this Court's ADR office.

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2.

Without waiving the confidentiality afforded mediation sessions, and without

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admitting liability, the matter settled for more than what Plaintiff claimed as

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earned but unpaid overtime wages.

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3.

The parties have executed a written settlement agreement settling all claims made
in the Complaint.

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4.

The parties stipulate that this matter be dismissed with prejudice.

5.

The terms of the settlement agreement call for payment to be made within 30 days

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and after the matter is dismissed with prejudice.
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2011 in the event the payment is not made.

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As such, the parties request that the Court retain jurisdiction until October 24,

IT IS SO STIPULATED.

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DAL BON & MARGAIN

FOR PLAINTIFF

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DATED:

September 19, 2011

By: //s// Tomas E. Margain
Tomas E. Margain

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FOR DEFEND ANT

LITTLER MENDELSON

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S^-y^fel^*-^

/£ 26 If
Christopher W. Cobey

/

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ORDER

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Based on the stipulation of counsel and good cause shown, this matter is dismissed with
prejudice. All deadlines are hereby terminated. The parties have reached a settlement through

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counsel during adversarial proceedings. The Court retains jurisdiction to enforce the terms of the
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payment provision of the settlement until October 24, 2011. At that time, the Court directs the
clerk to close the file. This Order is without waiving the ability of any party to move to enforce

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other provisions of the settlement agreement if there is a breach by separate legal proceedings.
IT IS SO ORDERED.

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6 Dated: 9/19/2011

By.

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Hon. Claudia Wilken
United States District Court Judge

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-3STIPULATION AND ORDER