Moralez v. Philz Coffee, Inc. et al

Filing 80

ORDER by Judge Haywood S. Gilliam, Jr. Granting 79 Stipulation for dismissal of action. (ndrS, COURT STAFF) (Filed on 2/12/2018)

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1 2 3 4 5 Zachary M. Best, SBN 166035 MISSION LAW FIRM, A.P.C. 332 North Second Street San Jose, California 95112 Telephone (408) 298-2000 Facsimile (408) 298-6046 Email: service@mission.legal Attorney for Plaintiff Francisca Moralez 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 FRANCISCA MORALEZ, 12 13 14 15 Plaintiff, vs. PHILZ COFFEE, INC.; 1600 SHATTUCK ASSOCIATES, A GENERAL PARTNERSHIP, 16 17 Defendants. 18 19 20 AND RELATED CROSS-CLAIM. ) No. 4:16-cv-07102-HSG ) ) STIPULATION FOR DISMISSAL OF ) ACTION; ORDER ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 1 1 IT IS HEREBY STIPULATED by and between Plaintiff Francisca Moralez 2 (“Plaintiff”) and Defendant 1600 Shattuck Associates, L.P. (“Defendant”), the parties 3 remaining in this Action, by and through their respective counsel, that pursuant to Federal Rule 4 of Civil Procedure 41(a)(2), this action be dismissed with prejudice. 5 IT IS FURTHER STIPULATED between Plaintiff and Defendant that this case has 6 been settled as between them and all issues and controversies have been resolved to their 7 mutual satisfaction. Plaintiff and Defendant request that the Court retain jurisdiction to enforce 8 the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. 9 Co. of America, 511 U.S. 375, 381-82 (1994). 10 11 Dated: February 9, 2018 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff, Francisca Moralez 12 13 14 15 16 17 18 MISSION LAW FIRM, A.P.C. Dated: February 9, 2018 ALLEN MATKINS /s/ Allison Shrallow Charles D. Jarrell Allison Shrallow Attorneys for Defendant, 1600 Shattuck Associates, L.P. 19 20 21 ATTESTATION Concurrence in the filing of this document has been obtained from each of the individual(s) whose electronic signature is attributed above. 22 23 24 /s/ Zachary M. Best Zachary M. Best Attorneys for Plaintiff Francisca Moralez 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 2 1 ORDER 2 The parties having so stipulated, 3 IT IS HEREBY ORDERED as follows: 4 1. Plaintiff Francisca Moralez (“Plaintiff”) and Defendant 1600 Shattuck 5 Associates, L.P. (“Defendant”) shall comply with the terms of the confidential Settlement 6 Agreement and Release in Full, the terms of which are incorporated herein by reference. 7 8 2. By consent of Plaintiff and Defendants, the Court shall retain jurisdiction in this matter for the purpose of enforcing the terms of the settlement agreement. 9 3. 10 prejudice. 11 Except as provided for in paragraphs 1 and 2 above, this action is dismissed with IT IS SO ORDERED. 12 13 14 Dated: February 12, 2018 ______________________________________ HON. HAYWOOD S. GILLIAM, JR. United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR DISMISSAL OF ACTION; ORDER Page 3

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