Acesso v. Barry W. O'Brien, Inc.

Full title: PUENTE AL ACESSO, SUING ON BEHALF OF ROBERTO FRIAS AND JOSEPHINA FRIAS AND…

Court: United States District Court, S.D. California

Date published: Dec 28, 2005

Case No.: 05cv2051 W (WMc) (S.D. Cal. Dec. 28, 2005)

Opinion

Case No.: 05cv2051 W (WMc).

December 28, 2005

PINNOCK WAKEFIELD, A.P.C., Michelle L. Wakefield, Esq., David C. Wakefield, Esq., San Diego, CA, Attorneys for Plaintiffs.

Kevin K. Johnson, Esq., JOHNSON HANSON, LLP, San Diego, CA, Attorney for Defendants BARRY W. O'BRIEN, INC., d.b.a. TIERRASANTA ARCO a.k.a. TIERRASANTA TOWN CENTER GAS; and BARRY W. O'BRIEN INC.

STIPULATED DISMISSAL AND DISMISSAL WITH PREJUDICE OF ALL DEFENDANTS AND PLAINTIFFS' COMPLAINT IN ITS ENTIRETY AND ORDER THEREON. [Fed.R.Civ.P. Rule 41(a)(2)]

THOMAS WHELAN, District JudgePage 2

IT IS HEREBY STIPULATED by and between PUENTE AL ACESSO, SUING ON BEHALF OF ROBERTO FRIAS AND JOSEPHINA FRIAS AND ITS MEMBERS; ROBERTO FRIAS, An Individual; and JOSEPHINA FRIAS, An Individual, Plaintiffs, on the one hand, and Defendants BARRY W. O'BRIEN, INC., d.b.a. TIERRASANTA ARCO a.k.a. TIERRASANTA TOWN CENTER GAS; and BARRY W. O'BRIEN INC., on the other hand, through their respective attorneys of record that, pursuant to Federal Rules of Civil Procedure, Rule 41 (a)(1) and (2), this Court enter a dismissal with prejudice of Defendants BARRY W. O'BRIEN, INC., d.b.a. TIERRASANTA ARCO a.k.a. TIERRASANTA TOWN CENTER GAS; MUSHKOR SLIUMAN, INC.; EASY MOON, INC., d.b.a. TIERRASANTA TOWN CENTER GAS; EASY MOON, INC.; BARRY W. O'BRIEN INC.; and GMS REALTY, LLC; from Plaintiffs' Complaint, Case Number: 05cv2051 W (WMc). Each party shall bear their own attorney fees and costs unless otherwise specified in the settlement agreement between the parties. Additionally, Plaintiffs request that the Complaint be dismissed with prejudice in its entirety.

IT IS SO STIPULATED.

ORDER ON NOTICE OF DISMISSAL WITH PREJUDICE OF ALL DEFENDANTS AND PLAINTIFFS' COMPLAINT IN ITS ENTIRETY

IT IS HEREBY ORDERED that Defendants BARRY W. O'BRIEN, INC., d.b.a. TIERRASANTA ARCO a.k.a. TIERRASANTA TOWN CENTER GAS; MUSHKOR SLIUMAN, INC.; EASY MOON, INC., d.b.a. TIERRASANTA TOWN CENTER GAS; EASY MOON, INC.; BARRY W. O'BRIEN INC.; and GMS REALITY, LLC are dismissed with prejudice from Plaintiffs' Complaint, Case Number: 05cv2051 W (WMc). Each party shall bear their own attorney fees and costs unless otherwise specified in the settlement agreement between the parties. Additionally, Plaintiffs Complaint is dismissed with prejudice in its entirety.

IT IS SO ORDERED.