Arnold v. Brinker Restaurant Corporation

Filing 47

STIPULATION AND ORDER FOR DISMISSAL, re 46 Proposed Order filed by Connie Arnold. Signed by Judge Paul S. Grewal on 12/23/2011. (ofr, COURT STAFF) (Filed on 12/23/2011)

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Julie A. Ostil, Esq. (SBN 215202)
44 Montgomery Street, Suite 2110
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff:
CONNIE ARNOLD
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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CONNIE ARNOLD,

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Plaintiff,
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vs.
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BRINKER RESTAURANT CORPORATION; )
200 SERRA WAY LLC; and Does 1-10,
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Inclusive,
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Defendants
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Case No.: 5:10-cv-00237
Civil Rights
STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL

Plaintiff Connie Arnold and Defendants Brinker Restaurant Corporation and 200 Serra

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Way LLC, by and through their attorneys of record, file this Stipulation And Order For

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Dismissal pursuant to Federal Rule of Civil Procedure section 41.

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Plaintiff filed this lawsuit on January 19, 2010.

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Plaintiff and Defendants have entered into a Confidential Settlement Agreement and

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Mutual Release ("Release") which settles all aspects of the lawsuit. The Release states in part

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that “The court shall retain jurisdiction of the Litigation to enforce provisions and to resolve

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disputes arising hereunder as may be appropriate or necessary for the construction and

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execution of this Release thereon, and this Release shall either be an exhibit to the dismissal of

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the action or incorporated by reference into the dismissal as if set forth in full.” The Release is

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incorporated by reference herein as if set forth in full.

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LAW OFFICE OF
JULIE A. OSTIL
2010 Crow Canyon Pl
Suite 100
San Ramon, CA 94583
925.265.8257
www.ostillaw.com

Plaintiff and Defendants stipulate to the court retaining jurisdiction to enforce the
Release.
Stipulation and [Proposed] Order for Dismissal: Case No. 5:10-cv-00237

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C:\Users\Julie\Documents\work\ostil law office\cases\C\Chili's\pleadings\stipulation for dismissal.doc

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Plaintiff moves to dismiss with prejudice the lawsuit against Defendants.

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Defendants, who have answered the complaint, agree to the dismissal.

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This case is not a class action, and no receiver has been appointed.

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This Stipulation and Order may be signed in counterparts, and facsimile or
electronically transmitted signatures shall be as valid and as binding as original signatures.

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Wherefore, Plaintiff and Defendants, by and through their attorneys of record, so stipulate.
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Dated: December 20, 2011

LAW OFICE OF JULIE A. OSTIL

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/s/ Julie Ostil _________________
By: JULIE A. OSTIL
Attorneys for Plaintiff

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Date: December 20, 2011

PETTIT KOHN INGRASSIA & LUTZ PC

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/s/____________________________
By: KELLY M. DOUGLAS, ESQ.
Attorney for Defendant, BRINKER
RESTAURANT CORPORATION

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Date: December 20, 2011

JACKSON DeMARCO TIDUS PECKENPAUGH

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/s/___________________________
By: CHARLES M. CLARK, ESQ.
Attorney for Defendant,
200 SERRA WAY LLC

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LAW OFFICE OF
JULIE A. OSTIL
2010 Crow Canyon Pl
Suite 100
San Ramon, CA 94583
925.265.8257
www.ostillaw.com

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Stipulation and [Proposed] Order for Dismissal: Case No. 5:10-cv-00237

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C:\Users\Julie\Documents\work\ostil law office\cases\C\Chili's\pleadings\stipulation for dismissal.doc

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ORDER

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Pursuant to stipulation of the parties, IT IS SO ORDERED:

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The lawsuit against Defendants is dismissed with prejudice. The Court shall retain jurisdiction

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to enforce the parties' Confidential Settlement Agreement and Mutual Release.

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Dated

_________________________________
Hon. Paul S. Grewal
U.S. Magistrate Judge

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LAW OFFICE OF
JULIE A. OSTIL
2010 Crow Canyon Pl
Suite 100
San Ramon, CA 94583
925.265.8257
www.ostillaw.com

Stipulation and [Proposed] Order for Dismissal: Case No. 5:10-cv-00237

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C:\Users\Julie\Documents\work\ostil law office\cases\C\Chili's\pleadings\stipulation for dismissal.doc