Mendioroz v. Air Serv Corporation et al

Filing 23

ORDER by Judge Claudia Wilken Granting 22 Stipulation OF DISMISSAL WITH PREJUDICE. (ndrS, COURT STAFF) (Filed on 5/30/2018)

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Lawrence A. Organ (SBN 175503)
[e-mail]
Navruz Avloni (SBN 279556)
[e-mail]
CALIFORNIA CIVIL RIGHTS LAW GROUP
332 San Anselmo Avenue
San Anselmo, California 94960-2664
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Marina Tijerino Mendioroz

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Leila Narvid (SBN 229402)
[e-mail]
Laura Fleming (SBN 219287)
[e-mail]
Matthew C. Lewis (SBN 274758)
[e-mail]
PAYNE & FEARS LLP
One Post Street, Suite 1000
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for former Air Serv Security, Inc., and
ABM Aviation, Inc., formerly known as Air Serv Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARINA TIJERINO MENDIOROZ,

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Case No. 4:17-cv-03875-CW

Plaintiffs,

STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITH
PREJUDICE

v.

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AIR SERV CORPORATION, a Georgia
corporation; AIR SERV SECURITY, INC., a
Georgia corporation; ABM AVIATION, INC.,
a Georgia corporation; and DOES 1 through
10, inclusive,
Defendants.

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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STIPULATION
WHEREAS, Plaintiff Marina Tijerino Mendioroz (“Plaintiff”) filed this action against

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Defendants Air Serv Corporation, Air Serv Security, Inc. and ABM Aviation, Inc.(collectively

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“Defendants”) alleging claims for: (1) Failure to Accommodate in violation of the FEHA, (2)

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Failure to Engage in the Interactive Process in violation of the FEHA, (3) Retaliation in violation

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of the CFRA, (4) Interference in violation of the CFRA, (5) Disability Discrimination in

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violation of the FEHA, (6) Disability Harassment in violation of the FEHA, (7) Failure to

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Prevent Harassment in violation of the FEHA, and Wrongful Termination;

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WHEREAS, on April 5, 2018, the Parties and their respective counsel of record

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participated in a mediation session with Jeffrey Ross and thereafter continued to discuss

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settlement; and

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WHEREAS, the Parties have entered into a written settlement agreement, by which

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Plaintiff releases all claims and causes of action against Defendants, including the claims

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asserted by her in this Action for Failure to Accommodate in violation of the FEHA, Failure to

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Engage in the Interactive Process in violation of the FEHA, Retaliation in violation of the CFRA,

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Interference in violation of the CFRA, Disability Discrimination in violation of the FEHA,

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Disability Harassment in violation of the FEHA, Failure to Prevent Harassment in violation of

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the FEHA, and Wrongful Termination.

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THEREFORE, PLAINTIFF AND DEFENDANTS HEREBY STIPULATE, by and

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through their respective counsel of record, pursuant to Federal Rules of Civil Procedure 41(a)(1),

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to dismiss the above-caption matter with prejudice. This stipulation and dismissal completely

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terminates that above-entitled action against all parties. Each party will bear its/her own

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attorneys’ fees and costs.

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///

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///

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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The parties hereto also request that this court retain jurisdiction in order to enforce the
terms and conditions of the settlement and release.

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DATED: May 4, 2018

CALIFORNIA CIVIL RIGHTS LAW GROUP
Attorneys at Law

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By:

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/s/ Navruz Avloni
NAVRUZ AVLONI

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Attorneys for Plaintiff
Marina Tijerino Mendioroz

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DATED: May 29, 2018

PAYNE & FEARS LLP
Attorneys at Law

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By:

/s/ Matthew C. Lewis
MATTHEW C. LEWIS

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Attorneys for Defendants former Air
Serv Security, Inc., and ABM Aviation, Inc.,
formerly known as Air Serv Corporation

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ATTESTATION OF E-FILED SIGNATURE

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I, Matthew C. Lewis, am the ECF User whose ID and password are being used to file this

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Stipulation and [Proposed] Order of Dismissal with Prejudice. I hereby attest that Navruz

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Avloni, Esq. has read and approved this Stipulation and [Proposed] Order of Dismissal with

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Prejudice and consents to its filing in this action.

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/s/ Matthew C. Lewis
MATTHEW C. LEWIS

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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[PROPOSED] ORDER

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Based on the stipulation of the parties, and good cause appearing therefor;

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The release by Plaintiff of all claims and potential claims she has or may have against

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Defendants for violation of Plaintiff’s rights under the statues referenced above is hereby

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APPROVED; and

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IT IS ORDERED that this action be, and hereby is, DISMISSED WITH PREJUDICE,
each side to bear its own costs and attorneys’ fees.

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Dated: 5/30/2018

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HON. CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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4850-3241-7639.1

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE