Vomacka v. Cappello et al

Filing 32

ORDER Re Stipulation of Dismissal With Prejudice ECF 31 . CLERK SHALL CLOSE THE FILE. All deadlines/hearings are terminated. Signed by Judge Edward J. Davila on 6/7/2018. (amkS, COURT STAFF) (Filed on 6/7/2018)

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Irene Karbelashvili, State Bar Number 232223
AllAcess Law Group
19 North Second Street, Suite 205
San Jose, CA 95113
Telephone: [phone]
Fax: [phone]
Kenneth J. Pinto, State Bar Number 221422
Law Office of Kenneth J. Pinto
12 South First Street, Suite 713
San Jose, CA 95113
Telephone: [phone]
Fax: [phone]
Attorneys for JASON VOMACKA, Plaintiff

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JASON VOMACKA,

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Plaintiff,
v.

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ROMOLO CAPPELLO and ANGELA
CAPPELLO, collectively in their individual
and representative capacities as trustees of
the CAPPELLO FAMILY TRUST;
RAYMOND WANG, an individual, d/b/a
SLIDERS BURGERS; and DOES 1-10,
inclusive,
Defendants.

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Case No. 5:17-CV-02620-EJD
Civil Rights
STIPULATION OF DISMISSAL
WITH PREJUDICE AND
(PROPOSED) ORDER
[F.R.C.P.§§ 41(a)(1)(ii)]

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FACTS
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Plaintiff JASON VOMACKA and Defendants ROMOLO CAPPELLO and ANGELA

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CAPPELLO, collectively in their individual and representative capacities as trustees of the

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CAPPELLO FAMILY TRUST; RAYMOND WANG, an individual, d/b/a SLIDERS

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BURGERS, by and through their attorneys of record or other representative, file this Stipulation

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and Order of Dismissal with Prejudice pursuant to Federal Rule of Civil Procedure §§
Case No. 5:17-CV-02620-EJD
STIPULATION OF DISMISSAL WITH PREJUDICE AND (PROPOSED) ORDER
[F.R.C.P.§§ 41(a)(1)(ii)]

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41(a)(1)(ii)(2). Plaintiff filed this lawsuit on May 05, 2017. Defendants, some of whom have
answered the first amended complaint, agree to the dismissal with prejudice. Plaintiff and
Defendants further stipulate that each party shall pay its own attorneys’ fees and costs.
Defendants have agreed to remedy all known ADA violations identified in EXHIBIT A of
the settlement agreement executed by the parties.

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This case is not a class action, and no receiver has been appointed.
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Wherefore, Plaintiff and Defendants, by and through their attorneys of record and/or
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authorized representative, so stipulate.
DATED: June 06, 2018

By:/s/ Kenneth J. Pinto
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KENNETH J. PINTO
Attorneys for Plaintiff RICHARD JOHNSON

DATED: June 06, 2018

BY:/s/ Sarahann Shapiro__________________
SARAHANN SHAPIRO
Attorney for Defendant ROMOLO CAPPELLO and
ANGELA CAPPELLO, collectively in their individual and
representative capacities as trustees of the CAPPELLO
FAMILY TRUST

DATED: June 06, 2018

BY:/s/ RICHARD SCHRAMM________________
RICHARD SCRAMM
Attorney for Defendant ; RAYMOND WANG dba
SLIDERS BURGER

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Case No. 5:17-CV-02620-EJD
STIPULATION OF DISMISSAL WITH PREJUDICE AND (PROPOSED) ORDER
[F.R.C.P.§§ 41(a)(1)(ii)]

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FILER’S ATTESTATION

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Pursuant to Local Rule 5-1, I hereby attest that on June 06, 2018, I, Kenneth J. Pinto,
received the concurrence of Sarahann Shapiro, Esq. in the filing of this document.

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Pursuant to Local Rule 5-1, I hereby attest that on June 06, 2018, I, Kenneth J. Pinto,
received the concurrence of Richard Schramm, Esq. in the filing of this document.

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By:

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/s/ Kenneth J. Pinto
KENNETH J. PINTO

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PROPOSED ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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1. The lawsuit against Defendants is dismissed with prejudice.

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2. Each party shall pay its own attorneys’ fees and costs in this action.

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Dated: 6/7/2018

______________________________________
Hon. Edward J. Davila
United States District Judge

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Case No. 5:17-CV-02620-EJD
STIPULATION OF DISMISSAL WITH PREJUDICE AND (PROPOSED) ORDER
[F.R.C.P.§§ 41(a)(1)(ii)]

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