Opinion
Case No. C04-2440 PVT Civil Rights.
October 6, 2005
PAUL L. REIN, Esq., PATRICIA BARBOSA, Esq., JULIE McLEAN, Esq., LAW OFFICES OF PAUL L. REIN, Oakland, CA, Attorney for Plaintiff: ELBERT MADISON.
KELLY F. CANBY, Esq., ROBERTS, RASPE BLANTON, LLP, Los Angeles, CA, Attorney for Defendants: ACAPULCO RESTAURANTS, INC.; AAC FUNDING IV LLC; THE MANUFACTURERS LIFE INSURANCE COMPANY.
STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE
IT IS HEREBY STIPULATED BY ALL PARTIES THROUGH THEIR COUNSEL OF RECORD AS FOLLOWS:
1. The parties have reached a settlement as to all of plaintiff's claims for injunctive relief, damages, attorney fees, litigation expenses and costs. The agreement has been memorialized in a separate Consent Decree and Order which was signed by the Court on October 4, 2005.
2. The payment of damages and attorney fees has been made by defendants without any admission of liability. Pursuant to the terms of the Consent Decree and Order, the Court has retained continuing jurisdiction to enforce the injunctive relief terms.
3. The parties therefore agree that, subject to the court's continuing jurisdiction under the Consent Decree, the action shall be dismissed with prejudice.