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Yates v. Ross Stores, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
Case Number C11-04347 EDL (N.D. Cal. Nov. 14, 2011)

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.

________________________________

Magistrate Judge Elizabeth Laporte


Summaries of

Yates v. Ross Stores, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
Case Number C11-04347 EDL (N.D. Cal. Nov. 14, 2011)
Case details for

Yates v. Ross Stores, Inc.

Case Details

Full title:CRAIG YATES Plaintiff, v. ROSS STORES, INC.; WALGREEN CO.; CONGREGATION…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 14, 2011

Citations

Case Number C11-04347 EDL (N.D. Cal. Nov. 14, 2011)