Elawyers Elawyers
Ohio| Change

Zardain v. IPACPA US, Inc., 2:15-cv-01207-MCE-EFB. (2018)

Court: District Court, E.D. California Number: infdco20181108h43 Visitors: 8
Filed: Nov. 05, 2018
Latest Update: Nov. 05, 2018
Summary: STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS MORRISON C. ENGLAND, JR. , District Judge . Plaintiff ENRIQUE ALVAREZ ZARDAIN ("Plaintiff") and Defendant TRC HOLDINGS, INC. ("TRC") (together, the "Parties"), by and through their attorneys of record, hereby stipulate and agree as follows: RECITALS A. On or about June 4, 2015, Plaintiff filed his Complaint (the "Complaint") in this action against Defendants IPACPA US, Inc. and TRC. IPACPA US, Inc. has not appeared in this action.
More

STIPULATION AND ORDER FOR VOLUNTARY DISMISSAL OF CLAIMS

Plaintiff ENRIQUE ALVAREZ ZARDAIN ("Plaintiff") and Defendant TRC HOLDINGS, INC. ("TRC") (together, the "Parties"), by and through their attorneys of record, hereby stipulate and agree as follows:

RECITALS

A. On or about June 4, 2015, Plaintiff filed his Complaint (the "Complaint") in this action against Defendants IPACPA US, Inc. and TRC. IPACPA US, Inc. has not appeared in this action.

B. On or about December 22, 2016, the Parties reached agreement on the terms of a settlement for purposes of resolving Plaintiff's claims against TRC, which were memorialized in a settlement agreement (the "Initial Settlement Agreement") resulting in this Court entering a stay of this action and a conditional dismissal pending satisfaction of the conditions of settlement.

C. On or about August 16, 2018 the Parties executed a Global Settlement Agreement and Release of All Claims (the "Global Release") resulting in the complete release, discharge and satisfaction of all conditions of the Settlement Agreement.

D. Pursuant to the terms of the Global Release, the Parties wish to dismiss the Complaint with prejudice and without costs to any Party as to all claims asserted by Plaintiff against TRC in this action.

STIPULATION

THEREFORE, it is hereby stipulated, by and between the Parties hereto, through their attorneys of record, that all claims asserted by Plaintiff against TRC Holdings, Inc. in this action be and hereby are dismissed with prejudice and without costs to any Party pursuant to Rule 41 of the Federal Rules of Civil Procedure. The Court shall retain jurisdiction to enforce the terms of the Global Release.

IT IS SO STIPULATED.

ORDER

In accordance with the foregoing stipulation of the parties, and good cause appearing, the above-entitled action is hereby dismissed, with prejudice, each side to bear its own costs. The matter having now been concluded in its entirety the Clerk of Court is directed to close the file.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer