Tejada v. Ottomanelli's Cafe Franchising Corp. et al

Filing 24

DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) All Plaintiffs and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ottomanelli's Cafe Franchising Corp..(Breslow, Allen) Modified on 12/5/2011 (ml).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WILLIAM TEJADA and EDUARDO ROSA,
Plaintiffs,

Civil Action No.: ll-CV-2112

(SAS)

-againstOITOMANELLI'S CAFE FRANCHISING CORP.
d/b/a OITOMANELLI BROTHERS NY GRILL,
NICOLO OITOMANELLI and JOSEPH
OTTOMANELLI

VOLUNTARY
DISMISSAL WITH PREJUDICE

Defendants.

IT IS HEREBY STIPULATED and agreed, by and between the undersigned attorneys for

the parties, that Plaintiffs' Complaint and any and all claims that were or could have been
asserted in this action are hereby dismissed in their entirety, with prejudice, and with each party
to bear its own costs, expenses, disbursements, and attorneys' fees, except that attorney's fees
may be recovered in the event of Defendants' default under the Settlement Agreement between
the parties. The Court shall retain jurisdiction hereunder for the purposes of enforcement of the
Settlement Agreement.
Date:

Allen B. Breslow (AB 1884)
LAW OFFICES OF ALLEN B. BRESLOW
6165 Jericho Turnpike
Commack, New York 11725

,ei:
Attorney for Plaintiff
So Ordered:

&jl S"'lJ.· (I"'(

Attorney for the Defendants