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Moore v. Torres, 1:13-cv-00900-BAM. (2014)

Court: District Court, E.D. California Number: infdco20140407513 Visitors: 18
Filed: Apr. 03, 2014
Latest Update: Apr. 03, 2014
Summary: STIPULATION FOR DISMISSAL OF ACTION; ORDER BARBARA A. McAULIFFE, Magistrate Judge. IT IS HEREBY STIPULATED by and between Plaintiff, Ronald Moore ("Plaintiff"), and Defendants, Maria D. Torres dba Lola's Ricos Tacos, Rodrigo Nino aka Rodrigo Nino Torres dba Lola's Ricos Tacos, and Gary Haven Young (collectively "Defendants," and together with Plaintiff, "the Parties"), the parties to this action, by and through their respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2
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STIPULATION FOR DISMISSAL OF ACTION; ORDER

BARBARA A. McAULIFFE, Magistrate Judge.

IT IS HEREBY STIPULATED by and between Plaintiff, Ronald Moore ("Plaintiff"), and Defendants, Maria D. Torres dba Lola's Ricos Tacos, Rodrigo Nino aka Rodrigo Nino Torres dba Lola's Ricos Tacos, and Gary Haven Young (collectively "Defendants," and together with Plaintiff, "the Parties"), the parties to this action, by and through their respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), the above-captioned action be dismissed with prejudice.

IT IS FURTHER STIPULATED between Plaintiff and Defendants that the Court shall expressly retain jurisdiction over this matter for the purpose of adjudicating any subsequent motion Plaintiff may bring to recover his attorneys' fees, costs and litigation expenses, and that Defendants acknowledge that for purposes of any such motion, Plaintiff shall be determined the prevailing party. Any such motion shall be filed within fourteen (14) days of the date the Court issues its Order on this stipulation.

ORDER

The parties having so stipulated and good cause appearing,

IT IS HEREBY ORDERED as follows:

1. By consent of Plaintiff, Ronald Moore ("Plaintiff"), and Defendants, Maria D. Torres dba Lola's Ricos Tacos, Rodrigo Nino aka Rodrigo Nino Torres dba Lola's Ricos Tacos, and Gary Haven Young ("Defendants," and together with Plaintiff, "the Parties"), the Court shall retain jurisdiction in this matter for the purpose of adjudicating any motion for attorney fees, costs and litigation expenses brought by Plaintiff.

2. By consent of the Parties and for purposes of his attorneys' fees motion, Plaintiff is the prevailing party in this action.

3. Plaintiff shall file any motion for the recovery of his attorneys' fees, costs and litigation expenses within fourteen (14) days of the date of this Order.

4. Except as provided for in paragraph 1, the action is dismissed with prejudice.

5. The Clerk of the Court is directed to close this case.

IT IS SO ORDERED.

Source:  Leagle

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