Garden City Boxing Club v. Cortez et al

Filing 33

ORDER - granting 32 Stipulation; that the above-entitled action is hereby dismissed without prejudice against ANTONIO CORTEZ AND ZOILA CORTEZ, individually and d/b/a Guadalajara Restaurant, Inc., d/b/a Guadalajara Restaurant & Sports Bar and subjec t to the Court's jurisdiction to enforce the settlement agreement reached between the Parties. That provided no Party referenced above has filed a motion to reopen this action by January 1, 2009, this Court shall not have jurisdiction to set as ide the dismissal and the dismissal shall be deemed to be with prejudice. This dismissal is made pursuant to Federal Rules of Civil Procedure 41(a)(1). Each Party referenced-above shall bear its own attorneys' fees and costs. Ordered by Chief Judge Joseph F. Bataillon. (KBJ)

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Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Avenue South Pasadena, CA 91030-3227 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiff Garden City Boxing Club, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEBRASKA Garden City Boxing Club, Inc., Plaintiff, vs. Antonio Cortez, et al. Defendants. CASE NO. CV 07-0360 JFB-TDT THIRD AMENDED STIPULATION OF DISMISSAL OF PLAINTIFF'S COMPLAINT AGAINST DEFENDANTS ANTONIO CORTEZ AND ZOILA CORTEZ, individually and GUADALAJARA RESTAURANT, INC., d/b/a GUADALAJARA RESTAURANT & SPORTS BAR

IT IS HEREBY STIPULATED by and between Plaintiff GARDEN CITY BOXING CLUB, INC. and Defendant ANTONIO CORTEZ AND ZOILA CORTEZ, individually and Guadalajara Restaurant, Inc., d/b/a Guadalajara Restaurant & Sports Bar, that the above-entitled action is hereby dismissed without prejudice against ANTONIO CORTEZ AND ZOILA CORTEZ, individually and d/b/a Guadalajara Restaurant, Inc., d/b/a Guadalajara Restaurant & Sports Bar and subject to the Court's jurisdiction to enforce the settlement agreement reached between the Parties. /// ///

STIPULATION OF DISMISSAL CV 07-0360 JFB-TDT PAGE 1

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IT IS FURTHER STIPULATED that provided no Party referenced above has filed a motion to reopen this action by January 1, 2009, this Court shall not have jurisdiction to set aside the dismissal and the dismissal shall be deemed to be with prejudice. This dismissal is made pursuant to Federal Rules of Civil Procedure 41(a)(1). Each Party referenced-above shall bear its own attorneys' fees and costs.

Dated: September 3, 2008

s/ Thomas P. Riley LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff GARDEN CITY BOXING CLUB, INC.

Dated:

s/ Eric R. Chandler ERIC R. CHANDLER, ATTORNEY-AT-LAW By: Eric R. Chandler Attorneys for Defendants ANTONIO CORTEZ AND ZOILA CORTEZ, individually and d/b/a Guadalajara Restaurant, Inc., d/b/a Guadalajara Restaurant & Sports Bar

IT IS SO ORDERED:

s/ Joseph F. Bataillon The Honorable Joseph F. Bataillon United States District Court District of Nebraska

Dated: September 4, 2008

PROOF OF SERVICE (SERVICE BY MAIL)
STIPULATION OF DISMISSAL CV 07-0360 JFB-TDT PAGE 2

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I declare that: I am employed in the County of Los Angeles, California. I am over the age of eighteen years and not a party to the within cause; my business address is First Library Square, 1114 Fremont Avenue, South Pasadena, California 91030. I am readily familiar with this law firm's practice for collection and processing of correspondence/documents for mail in the ordinary course of business. On September 3, 2008, I served: THIRD AMENDED STIPULATION OF DISMISSAL OF PLAINTIFF'S COMPLAINT AGAINST DEFENDANTS ANTONIO CORTEZ AND ZOILA CORTEZ, individually and d/b/a GUADALAJARA RESTAURANT, INC., d/b/a GUADALAJARA RESTAURANT & SPORTS BAR On all parties in said cause by enclosing a true copy thereof in a sealed envelope with postage prepaid and following ordinary business practices, said envelope was duly mailed and addressed to: Mr. Eric Chandler, Esquire Eric Chandler, Attorney-at-Law 406 N. 130th Street, Ste. 101 Omaha, NE 68154 Attorneys for Defendants Antonio Cortez and Zoila Cortez, individually, and Guadalajara Restaurant, Inc., d/b/a Guadalajara Restaurant & Sports Bar

I declare under the penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct and that this declaration was executed on September 3, 2008, at South Pasadena, California. Dated: September 3, 2008 s/ Andrea Chavez ANDREA CHAVEZ

STIPULATION OF DISMISSAL CV 07-0360 JFB-TDT PAGE 3