Heatherly et al v. Pizza Orgasmica & Brewing Co et al

Filing 22

STIPULATION AND ORDER OF DISMISSAL re 21 STIPULATION WITH PROPOSED ORDER for Dismissal with Prejudice filed by TMTM, INC, Robert John Petersen, Daren Heatherly, Pizza Orgasmica & Brewing Co, Alan Moore Petersen, Gale B. Fisher, Barbara May Sparrow, Irma Ramirez, Keith Henke, Jacquelyn Henke, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 9/26/16. (sisS, COURT STAFF) (Filed on 9/26/2016)

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THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
702 Mangrove Avenue, #304
Chico, CA 95926
Telephone:
415/444-5800
Facsimile:
415/674-9900
[e-mail]

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Attorney For Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DAREN HEATHERLY and IRMA
RAMIREZ,

)
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Plaintiffs,
)
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v.
)
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PIZZA ORGASMICA & BREWING CO; )
TMTM Inc., A California Corporation, dba )
PIZZA ORGASMICA & BREWING CO; )
GALE B. FISHER TRUSTEE of the GALE )
B. FISHER TRUST Dated April 17, 1997; )
KEITH HENKE and JACQUELYN
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HENKE, TRUSTEES of the HENKE
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FAMILY REVOCABLE TRUST dated
)
January 29, 2001; ROBERT JOHN
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PETERSEN, in trust, as TRUSTEE of the )
ROBERT JOHN PETERSEN TRUST
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under the JOHANNES PETERSEN and M. )
GWENDOLYN PETERSEN
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REVOCABLE INTER VIVOS TRUST
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dated July 28, 1971 2001; ALAN MOORE )
PETERSEN, IN TRUST, as TRUSTEE of )
the ALAN MOORE PETERSEN TRUST )
under the JOHANNES PETERSEN and M. )
GWENDOLYN PETERSEN
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REVOCABLE INTER VIVOS TRUST
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dated July 28, 1971 2001; BARBARA
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MAY SPARROW SUCCESSOR
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TRUSTEE of the SPARROW FAMILY
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TRUST Dated February 21, 1989.
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Defendants.
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CASE NO. 3:15-cv-04691-KAW
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
Ramirez v. Pizza Orgasmica

CASE NO. 3:15-cv-04691-KAW

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The parties, by and through their respective counsel, stipulate to dismissal of this action

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in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the

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Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own

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costs and attorneys’ fees. The parties further consent to and request that the Court retain

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jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511

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U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of

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settlement agreements).

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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through
their designated counsel that the above-captioned action become and hereby is dismissed with
prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).
This stipulation may be executed in counterparts, all of which together shall constitute
one original document.

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Dated: September 22, 2016

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By: /s/ Thomas E Frankovich

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Attorney for Plaintiffs IRMA RAMIREZ and
DAREN HEATHERLY

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Dated: September 22, 2016

SARA B. ALLMAN

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By: /s/ Sara B. Allman
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Attorney for Defendants TMTM, INC., dba PIZZA
ORGASMICA & BREWING CO.

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
Ramirez v. Pizza Orgasmica

CASE NO. 3:15-cv-04691-KAW

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Dated: September 22, 2016

NEIL JEROME MORAN
THE FREITAS LAW FIRM, LLP

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By: /s/ Neil Jerome Moran

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Attorney for Defendants GALE B. FISHER
TRUSTEE of the GALE B. FISHER TRUST Dated
April 17, 1997; KEITH HENKE and JACQUELYN
HENKE, TRUSTEES of the HENKE FAMILY
REVOCABLE TRUST dated January 29, 2001;
ROBERT JOHN PETERSEN, in trust, as
TRUSTEE of the ROBERT JOHN PETERSEN
TRUST under the JOHANNES PETERSEN and M.
GWENDOLYN PETERSEN REVOCABLE
INTER VIVOS TRUST dated July 28, 1971 2001;
ALAN MOORE PETERSEN, IN TRUST, as
TRUSTEE of the ALAN MOORE PETERSEN
TRUST under the JOHANNES PETERSEN and M.
GWENDOLYN PETERSEN REVOCABLE
INTER VIVOS TRUST dated July 28, 1971 2001;
BARBARA MAY SPARROW SUCCESSOR
TRUSTEE of the SPARROW FAMILY TRUST

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ORDER
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to

16 Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for
17 the purpose of enforcing the parties’ Settlement Agreement and General Release should such
18 enforcement be necessary
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9/26/16
20 Dated: _____________,

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Honorable Kandis A. Westmore
United States Magistrate Judge

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
Ramirez v. Pizza Orgasmica

CASE NO. 3:15-cv-04691-KAW

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