Hernandez et al v. Vallco Shopping Mall, LLC et al

Filing 231

STIPULATION AND ORDER FOR DISMISSAL OF HOWARD'S SHOES FOR CHILDREN INC. ONLY. Signed by Judge Edward J. Davila on 5/13/2011. (ejdlc1, COURT STAFF) (Filed on 5/13/2011)

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Attorneys for Plaintiffs
Alma Clarisa Hernandez, Theresa Wallen
and Ronald Moore

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K. Randolph Moore, SBN 106933
Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ALMA CLARISA HERNANDEZ, THERESA )
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WALLEN, and RONALD MOORE,
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Plaintiffs,
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vs.
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VALLCO SHOPPING MALL, LLC, et al.,
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Defendants.
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No. 5:10-cv-02848-EJC
EJD
STIPULATION FOR DISMISSAL OF
HOWARD’S SHOES FOR CHILDREN,
INC. ONLY; ORDER

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IT IS HEREBY STIPULATED by and between Plaintiffs Alma Clarisa Hernandez,

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Theresa Wallen, and Ronald Moore (“Plaintiffs”) and Defendant Howard’s Shoes for Children,

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Inc. (“Defendant”), by and through their respective counsel, that pursuant to Federal Rule of

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Civil Procedure 41(a)(2), Defendant Howard’s Shoes for Children be dismissed with prejudice

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from this action.

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IT IS FURTHER STIPULATED between Plaintiff Ronald Moore and Defendant that

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this case has been settled as between them and all issues and controversies have been resolved

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to their mutual satisfaction. Plaintiff Ronald Moore and Defendant request the Court to retain

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Hernandez, et al. v. Vallco Shopping Mall, LLC, et al.
Stipulation for Dismissal of Howard’s Shoes for Children, Inc. only

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jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen

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v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).

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Date: May 12, 2011

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiffs
Alma Clarisa Hernandez, Theresa
Wallen, and Ronald Moore

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Date: May 12, 2011

BARABAN & TESKE

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/s/ James S. Link
James S. Link, Attorneys for
Defendant Howard’s Shoes for
Children

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ORDER
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The parties having so stipulated,
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IT IS HEREBY ORDERED as follows:
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1.

Plaintiff Ronald Moore and Defendant Howard’s Shoes for Children, Inc. shall

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comply with the terms of the confidential Settlement Agreement and Release in Full, the terms
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of which are incorporated herein by reference.
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2.

By consent of Plaintiff Ronald Moore and Defendant Howard’s Shoes for

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Children, Inc., the Court shall retain jurisdiction in this matter for the purpose of enforcing the
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terms of the settlement agreement.
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3.

Except as provided for in paragraphs 1 and 2 above, Howard’s Shoes for

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Children, Inc. is dismissed with prejudice from this action.
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IT IS SO ORDERED.

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Dated:
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May 13, 2011

______________________________________
United States District Court Judge

Hernandez, et al. v. Vallco Shopping Mall, LLC, et al.
Stipulation for Dismissal of Howard’s Shoes for Children, Inc. only

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