Filed: Nov. 28, 2012
Latest Update: Nov. 28, 2012
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING SAMUEL CONTI, District Judge. The parties, through their undersigned attorneys of record, hereby stipulate under Fed. R. Civ. P. 41(a)(2) and (c) that all remaining claims and counterclaims of all remaining parties in this case are dismissed with prejudice and on the merits, with each side to bear its own costs and attorneys' fees. The parties agree that this stipulation shall not affect the rights of Plaintiffs to appeal, once j
Summary: STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING SAMUEL CONTI, District Judge. The parties, through their undersigned attorneys of record, hereby stipulate under Fed. R. Civ. P. 41(a)(2) and (c) that all remaining claims and counterclaims of all remaining parties in this case are dismissed with prejudice and on the merits, with each side to bear its own costs and attorneys' fees. The parties agree that this stipulation shall not affect the rights of Plaintiffs to appeal, once ju..
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF ALL REMAINING
SAMUEL CONTI, District Judge.
The parties, through their undersigned attorneys of record, hereby stipulate under Fed. R. Civ. P. 41(a)(2) and (c) that all remaining claims and counterclaims of all remaining parties in this case are dismissed with prejudice and on the merits, with each side to bear its own costs and attorneys' fees.
The parties agree that this stipulation shall not affect the rights of Plaintiffs to appeal, once judgment is entered pursuant to this stipulation and order, the Court's prior dismissal, in the Court's January 23, 2012 Order, of Counts VIII through XIII of Plaintiffs'First Amended Complaint (Dkt. No. 32), and the rights of Plaintiffs to appeal the Court's March 4, 2012 Order denying class certification as to Counts VIII through XIII of Plaintiffs'First Amended Complaint or to seek class certification as to Counts VIII through XIII of Plaintiffs'First Amended Complaint in the event of the success of Plaintiffs'appeal. The parties also agree that this stipulation shall not affect the rights of Plaintiffs to seek any costs and attorneys'fees that are recoverable under the law related to prosecuting Counts VIII through XIII of Plaintiffs'First Amended Complaint should they ultimately prevail on the merits of any of those claims. The parties also agree that this stipulation shall not affect the rights of Defendants to defend on the merits any appeal or further proceedings in the district court in the event of a successful appeal.
Luis Romero accepted an offer of judgment on all of his claims. [Dkt. No. 148.] The parties disagree about the effect of Romero's acceptance of the offer of judgment on his rights, if any, to the appeals referenced above. The parties leave it to the normal operation of the law to determine whether Romero has such rights in light of the judgment that was entered on his claims. Nothing in this stipulation shall be interpreted to support a finding that Romero has or does not have such rights.
NOW, THEREFORE, the parties agree to entry of the proposed order submitted herewith.
[PROPOSED] ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
