Kaiser v. BMW of North America, LLC

Filing 98

Order by Magistrate Judge Donna M. Ryu granting 97 Stipulation .(dmrlc2, COURT STAFF) (Filed on 7/15/2013)

Case4:12-cv-01311-DMR Document97 Filed07/15/13 Page1 of 3

LEWIS BRISBOIS BISGAARD & SMITH LLP
ROGER S. RAPHAEL, SB# 111946
E-Mail: [e-mail]
SHAHRAM NASSI, SB# 239812
E-Mail: [e-mail]
333 Bush Street, Suite 1100
San Francisco, California 94104
Telephone: [phone]
Facsimile: 415.434.0882
Attorneys for Defendant
BMW OF NORTH AMERICA, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

JEFFERY A. KAISER,
Plaintiff,
vs.
BMW OF NORTH AMERICA, LLC; and
COUNCIL OF BETTER BUSINESS
BUREAUS, INC.,

CASE NO. C12-01311 DMR
The Honorable DONNA M. RYU
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITH
PREJUDICE AS TO DEFENDANT BMW
OF NORTH AMERICA, LLC
Action Filed:

March 16, 2012

Defendant.

WHEREAS, on May 20, 2013 Defendant BMW of North America, LLC served Plaintiff
with an F.R.C.P. Rule 68 offer of Entry of Judgment;
WHEREAS, on May 31, 2013 Plaintiff, through his attorneys of record, accepted BMW of
North America LLC's offer
WHEREAS, following Plaintiff's acceptance of BMW of North America, LLC's F.R.C.P.
Rule 68 offer, the parties negotiated a resolution of Plaintiff's attorney's fees claim;
WHEREAS, Plaintiff and BMW of North America, LLC have now resolved all claims and
causes of action by Plaintiff against BMW of North America, LLC alleged in the herein lawsuit;
WHEREAS, the parties have each performed the acts required under the terms of their

LEWIS
BRISBOIS
BISGAARD
&SMITH LIP
ATTORNEYS AT LAW

settlement, including payment of consideration by BMW of North America, LLC;
48194622-5684.1

STIPULATION AND [PROPOSED] ORDER RE DISMISSAL OF COMPLAINT AGAINST BMW OF NORTH
AMERICA, LLC

Case4:12-cv-01311-DMR Document97 Filed07/15/13 Page2 of 3

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IT IS HEREBY STIPULATED that Plaintiff's entire complaint and all claims contained

2 therein as against defendant BMW of North America, LLC shall be dismissed with prejudice.
3 IT IS SO STIPULATED.
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KAISER GORNICK LLP

Dated: July 15, 2012

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By:

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Is/ Dennis J. Canty
Dennis J. Canty
Attorneys for Plaintiff Jeffrey A. Kaiser

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Dated: July 15, 2012

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LEWIS BRISBOIS BISGAARD & SMITH LLP

By:

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/s/ Shahram Nassi
Roger S. Raphael
Shahram Nassi
Attorneys for Defendant BMW OF NORTH
AMERICA, LLC

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[PROPOSED] ORDER
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Pursuant to the Stipulation of the parties, IT IS HEREBY ORDERED that:

1.8

Plaintiff Jeffrey A. Kaiser's complaint and all claims contained therein as against

19 defendant BMW of North America, LLC shall be dismissed with prejudice.
20 IT IS SO ORDERED
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July 15, 2013
22 Dated:

Honorable Donna M. Ryu
United States Magistrate Judge

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LEWIS

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4819-4622-5684.1

BRISBOIS

2

BISGAARD
& STAN LIP

STIPULATION AND [PROPOSED] ORDER RE DISMISSAL OF COMPLAINT AGAINST BMW OF NORTH
AMERICA, LLC

ATTORNEYS Al LAW