Opinion
Case No. C-11-01964-SI
11-16-2011
NICOLE GOGARTY Plaintiff, v. EINSTEIN NOAH RESTAURANT GROUP, INC. and DOES 1 through 5, inclusive, Defendant.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Sarah R. Nichols Attorneys for Defendant EINSTEIN NOAH RESTAURANT GROUP, INC. THE LAW OFFICE OF RICHARD M. ROGERS Richard M. Rogers Attorney for Plaintiff NICOLE GOGARTY
Steven W. Moore State Bar No. 193068
Sarah R. Nichols State Bar No. 233099
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Attorneys for Defendant
EINSTEIN NOAH RESTAURANT GROUP, INC.
Richard M. Rogers, State Bar No. 045843
LAW OFFICE OF RICHARD M. ROGERS
Attorneys for Plaintiff
NICOLE GOGARTY
STIPULATION OF DISMISSAL
Judge: Hon. Susan Illston TO THE CLERK OF THE ABOVE CAPTIONED COURT:
IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1) by and between Plaintiffs NICOLE GOGARTY, and Defendant EINSTEIN NOAH RESTAURANT GROUP, INC. as follows:
1. This action was commenced on March 23, 2011.
2 The action is not a class action; a receiver has not been appointed and the action is not governed by any statute of the United States that requires an order of the court for dismissal.
3. This action is hereby dismissed, in its entirety, with prejudice.
4. The parties mutually agree to waive any and all claims for costs of suit or attorney's fees as a result of this action.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Sarah R. Nichols
Attorneys for Defendant
EINSTEIN NOAH RESTAURANT GROUP, INC.
THE LAW OFFICE OF RICHARD M. ROGERS
Richard M. Rogers
Attorney for Plaintiff
NICOLE GOGARTY