Licking Enterprises, Inc. v. City of San Jose et al

Filing 24

STIPULATION AND ORDER 22 , 23 for Dismissal, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 12/23/09. (jg, COURT STAFF) (Filed on 12/23/2009)

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RICHARD DOYLE, City Attorney (#88625) GEORGE RIOS, Assistant City Attorney (#77908) CLIFFORD GREENBERG, Senior Deputy City Attorney (#122612) Office of the City Attorney 200 East Santa Clara Street San Jose, California 95113 Telephone: [phone] Facsimile: [phone] Email: [e-mail] *E-FILED - 12/23/09* Attorneys for Defendants, CITY OF SAN JOSE, et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSÉ FACILITY

LICKING ENTERPRISES, INC. Plaintiff, v. CITY OF SAN JOSE, a municipal corporation; SAN JOSE CITY COUNCIL; RON GONZALES, CINDY CHAVEZ, PAT DANDO, KEN YEAGER, CHUCK REED, FORREST WILLIAMS, LINDA J. LEZOTTE, NORA CAMPOS, GEORGE SHIRAKAWA, JR., DAVI D. CORTESE, JOHN DIQUISTO, sued in their official capacities, Defendants.

NO.: C07-00735 RMW STIPULATION OF DISMISSAL; AND [] ORDER

IT IS HEREBY STIPULATED AND AGREED pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1) by and between Plaintiff, LICKING ENTERPRISES, INC., and all Defendants that: 1. 2. This action was commenced on February 5, 2007. The parties have settled this matter and are in the process of entering into an

agreement with regard to the terms of settlement. The parties wish to dismiss this action, subject to the signing of settlement agreement by all parties. ///
STIPULATION OF DISMISSAL; AND [] ORDER; C07-00735 RMW

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Stip and dismissal

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3. DATED:

This action is hereby dismissed, in its entirety, with prejudice. October 29, 2009 RICHARD DOYLE, City Attorney By: __

CLIFFORD S. GREENBERG Senior Deputy City Attorney

Attorneys for Defendants, CITY OF SAN JOSE, et al.

DATED:

October 29, 2009

LAW OFFICES OF STUART D. KIRCHICK By: __

STUART D. KIRCHICK

Attorneys for Plaintiff, LICKING ENTERPRISES, INC.

ORDER Pursuant to the Stipulation of Dismissal by and between the parties to this action, through their designated counsel, the above-captioned action is hereby dismissed with prejudice pursuant to FRCP 41(a)(2). This dismissal is subject to setting aside should the settlement agreement not be executed by all parties. It is further ordered that each party shall bear their own fees and costs, except as provided otherwise by agreement of the parties.

DATED:

12/23/09 THE HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT COURT JUDGE

STIPULATION OF DISMISSAL; AND [] ORDER; C07-00735 RMW

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Stip and dismissal