Opinion
Case No. C 03 0010 SI EMC, Civil Rights.
July 16, 2004
3y SIDNEY J. COHEN, ESQ., SIDNEY J. COHEN PROFESSIONAL CORPORATION Oakland, CA, PAUL L. REIN, Esq., PATRICIA BARBOSA Esq., LAW OFFICES OF PAUL L. REIN, Oakland, CA, Attorneys for Plaintiff.
LAW OFFICES OF MICHAEL E. BROWN Michael E. Brown, Esq., Attorneys for Defendants Point Reyes Seashore Lodge, Jeffrey F. Harriman, and Thomas R. Harriman.
STIPULATION AND ORDER [PROPOSED] FOR DISMISSAL OF THE INJUNCTIVE RELIEF AND DAMAGES ASPECTS OF THE LAWSUIT
Plaintiff HOLLYNN DELIL, by and through her attorneys of record, file this Stipulation of Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii).
Plaintiff filed this lawsuit on January 2, 2003.
Plaintiff HOLLYNN DELIL and Defendants POINT REYES SEASHORE LODGE, JEFFREY F. HARRIMAN, and THOMAS R. HARRIMAN have entered into a "Mutual Release And Settlement Agreement For Injunctive Relief And Damages Only" which was signed by Plaintiff on April 30, 2004 and by Defendants on May 10, 2004 and which settles the injunctive relief and damages aspects of the Lawsuit against all Defendants and which leaves the attorneys' fees, litigation expenses, and costs aspects of the Lawsuit for resolution by negotiation or subsequent motion to the Court. A copy of the "Mutual Release And Settlement Agreement For Injunctive Relief And Damages Only" is incorporated by reference herein as if set forth in full. Plaintiff HOLLYNN DELIL and Defendants POINT REYES SEASHORE LODGE, JEFFREY F. HARRIMAN, and THOMAS R. HARRIMAN stipulate to the Court retaining jurisdiction to interpret and to enforce the "Mutual Release And Settlement Agreement For Injunctive Relief And Damages Only."
Plaintiff HOLLYNN DELIL moves to dismiss the injunctive relief and damages aspects of the lawsuit with prejudice against Defendants POINT REYES SEASHORE LODGE, JEFFREY F. HARRIMAN, and THOMAS R. HARRIMAN.
Defendants POINT REYES SEASHORE LODGE, JEFFREY F. HARRIMAN, and THOMAS R. HARRIMAN, who have answered the complaint, agree to the dismissal of the injunctive relief and damages aspects of the Lawsuit with prejudice.
This case is not a class action, and no receiver has been appointed.
This Stipulation and Order may be signed in counterparts.
Wherefore, Plaintiff HOLLYNN DELIL and Defendants POINT REYES SEASHORE LODGE, JEFFREY F. HARRIMAN, and THOMAS R. HARRIMAN, by and through their attorneys of record, so stipulate.
PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED:
The injunctive relief and damages aspects of the Lawsuit against Defendants POINT REYES SEASHORE LODGE, JEFFREY F. HARRIMAN, and THOMAS R. HARRIMAN are dismissed with prejudice.
The attorneys' fees, litigation expenses, and costs aspects of the Lawsuit shall be resolved by negotiation or, if unsuccessful, by subsequent motion to the Court.
The Court shall retain jurisdiction to interpret and to enforce the terms of the "Mutual Release And Settlement Agreement For Injunctive Relief And Damages Only" incorporated by reference herein and to render a decision on any motion made to the Court for attorneys' fees, litigation expenses, and costs.