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

Filing 243

STIPULATION AND ORDER Granting Dismissal of Nobumitsu Kobayashi dba Grain D'or ONLY re 242 Proposed. Nobumitsu Kobayashi terminated. Signed by Judge Edward J. Davila on 6/24/2011. (ecg, COURT STAFF) (Filed on 6/24/2011)

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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]
Attorneys for Plaintiffs
Alma Clarisa Hernandez, Theresa Wallen
1nd Ronald Moore

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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, 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-EJD
STIPULATION FOR DISMISSAL OF
NOBUMITSU KOBAYASHI dba GRAIN
D’OR ONLY; [PROPOSED] 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 Andersen Bakery, dba Grain

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D’Or (incorrectly named herein as Nobumitsu Kobayashi dba Grain D’Or) (“Defendant”),

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through their attorneys of record, that pursuant to Federal Rule of Civil Procedure 41(a)(2),

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Defendant be dismissed with prejudice from this action.

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IT IS FURTHER STIPULATED between Plaintiffs Alma Clarisa Hernandez and Ronald

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Moore, and Defendant that this case has been settled as between them and all issues and

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controversies have been resolved to their mutual satisfaction. Plaintiffs Alma Clarisa Hernandez

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and Ronald Moore, and Defendant request the Court to retain jurisdiction to enforce the terms

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of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of

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America, 511 U.S. 375, 381-82 (1994).

Hernandez, et al. v. Vallco Shopping Mall, LLC, et al.
Stipulation for Dismissal; [Proposed] Order

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Date: June 22, 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: June 22, 2011

MURCHISON & CUMMINGS, LLP

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/s/ Melissa Wood Eisenberg
Melissa Wood Eisenberg
Attorneys for Defendant Andersen
Bakery, dba Grain D’Or

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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.

Plaintiffs Alma Clarisa Hernandez and Ronald Moore, and Defendant Andersen

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Bakery, dba Grain D’Or (incorrectly named herein as Nobumitsu Kobayashi dba Grain D’Or)

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shall comply with the terms of the confidential Settlement Agreement and Release in Full, the

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terms of which are incorporated herein by reference.

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2.

By consent of Plaintiffs Alma Clarisa Hernandez and Ronald Moore, and

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Defendant Andersen Bakery, dba Grain D’Or (incorrectly named herein as Nobumitsu

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Kobayashi dba Grain D’Or), the Court shall retain jurisdiction in this matter for the purpose of

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enforcing the terms of the settlement agreement.

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3.

Except as provided for in paragraphs 1 and 2 above, Defendant Nobumitsu

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Kobayashi dba Grain D’Or is dismissed with prejudice from this action.

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IT IS SO ORDERED.

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Dated: June 24, 2011

______________________________________
United States District Court Judge

Hernandez, et al. v. Vallco Shopping Mall, LLC, et al.
Stipulation for Dismissal; [Proposed] Order

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