Opinion
Case Number C11-04347 EDL
11-14-2011
CRAIG YATES Plaintiff, v. ROSS STORES, INC.; WALGREEN CO.; CONGREGATION SHERITH ISRAEL; ST.ANTHONY FOUNDATION; CONRAD DONNER; SANDRA DONNER; EDWARD A. KOPLOWITZ; DIANE SAMPSON; CAESAR CHURCHWELL; TEAM SAN FRANCISCO PIZZA, LLC; STAN ILUSHKIN; AND DOES 1 through 50, Inclusive, Defendants.
THIMESCH LAW OFFICES TIMOTHY S. TIWBSCH Attorneys for Plaintiff CRAIG YATES HANSON BRIDGETT LLP MACHELE TRAUSCH KURT A. FRANKLIN Attorneys for CONGREGATION SHERITH ISRAEL, CONRAD DONNER, SANDRA DONNER, EDWARD A. KOPLOWITZ, DIANE SAMPSON and CHILDREN'S BRAIN DISEASE FOUNDATION BERRY & BLOCK LLP BRIAN CRONE ERICK C.TURNER Attorneys for Defendant WALGREEN CO. LITTLER MENDELSON JOHN M. JULIUS, III Attorneys for Defendant ROSS STORES, INC.
THIMESCH LAW OFFICES
TIMOTHY S. THIMESCH, SBN 148213
Attorneys for Plaintiff
CRAIG YATES
HANSON BRIDGETT LLP
MICHELE TRAUSCH, SBN 75145
KURT A. FRANKLIN, SBN 172715
Attorneys for CONGREGATION SHERITH
ISRAEL, CONRAD DONNER, SANDRA
DONNER, EDWARD A. KOPLOWITZ,
DIANE SAMPSON, CHILDREN'S BRAIN
DISEASE FOUNDATION
BERRY & BLOCK LLP
BRIAN CRONE, SBN 191731
ERICK C. TURNER, SBN 236186
Attorneys for Defendant
WALGREEN CO.
LITTLER MENDELSON
JOHN M. JULIUS, III, SBN 112640
Attorneys for Defendant
ROSS STORES, INC.
Plaintiff Craig Yates and Defendants Ross Stores, Inc., Walgreen Co., Congregation Sherith Israel, Conrad Donner, Sandra Donner, Edward A. Koplowitz, Diane Sampson, and Team San Francisco Pizza, LLC (collectively "Defendants"), by and through their attorneys of record, file this Stipulation and Order of Dismissal with Prejudice pursuant to Federal Rule of Civil Procedure sections 41(a)(1) and (2).
Plaintiff filed this lawsuit on August 31, 2011.
Plaintiff and Defendants have entered into a "Settlement Agreement and Mutual Release" which settles all aspects of the lawsuit against Defendants without admission by any party of wrongdoing, liability, or fault. The Settlement Agreement and Mutual Release attached hereto as Exhibit 1 states in part that it is contingent upon the Court, or Magistrate Judge Elizabeth Laporte or other designated magistrate accepting jurisdiction to interpret and enforce the Settlement Agreement and Mutual Release.
STIPULATION OF DISMISSAL OF
ACTION WITH PREJUDICE AND
PROPOSED ORDER
Action Filed; August 31, 2011
Plaintiff and Defendants Stipulate to the Court retaining jurisdiction to enforce the "Settlement Agreement and Mutual Release."
Plaintiff moves to dismiss with prejudice the lawsuit against Defendants pursuant to FRCP 41(a)(1) and (2). Each side shall pay its own attorneys' fees and costs except as expressly set forth or otherwise provided for or permitted in the Settlement Agreement and Mutual Release.
Defendants, who have answered the complaint, agree to the dismissal with prejudice.
The case is not a class action, and no receiver has been appointed.
This Stipulation and Order may be signed in counterparts, and facsimile or electronically transmitted signatures shall be as valid and binding as original signatures.
Wherefore, Plaintiff and Defendants, by and through their attorneys of record, so stipulate.
THIMESCH LAW OFFICES
TIMOTHY S. TIWBSCH
Attorneys for Plaintiff
CRAIG YATES
HANSON BRIDGETT LLP
MACHELE TRAUSCH
KURT A. FRANKLIN
Attorneys for CONGREGATION SHERITH
ISRAEL, CONRAD DONNER, SANDRA
DONNER, EDWARD A. KOPLOWITZ, DIANE
SAMPSON and CHILDREN'S BRAIN
DISEASE FOUNDATION
BERRY & BLOCK LLP
BRIAN CRONE
ERICK C.TURNER
Attorneys for Defendant
WALGREEN CO.
LITTLER MENDELSON
JOHN M. JULIUS, III
Attorneys for Defendant
ROSS STORES, INC.
PURSUANT TO STIPULATION, IT IS SO ORDERED,
The lawsuit against Defendants is dismissed with prejudice. The Court shall retain jurisdiction to enforce the parties' "Settlement Agreement and Mutual Release." Each side shall pay its own attorneys' fees and costs except as expressly set forth or otherwise provided for or permitted in the Settlement Agreement and Mutual Release.
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Magistrate Judge Elizabeth Laporte