STIPULATION OF DISMISSAL WITH PREJUDICE AND (PROPOSED) ORDER [F.R.C.P.§§ 41(a)(1)(ii)]

EDWARD J. DAVILA, District Judge.

FACTS

Plaintiff JASON VOMACKA and Defendants ROMOLO CAPPELLO and ANGELA CAPPELLO, collectively in their individual and representative capacities as trustees of the CAPPELLO FAMILY TRUST; RAYMOND WANG, an individual, d/b/a SLIDERS BURGERS, by and through their attorneys of record or other representative, file this Stipulation and Order of Dismissal with Prejudice pursuant to Federal Rule of Civil Procedure §§ 41(a)(1)(ii)(2). Plaintiff filed this lawsuit on May 05, 2017. Defendants, some of whom have answered the first amended complaint, agree to the dismissal with prejudice. Plaintiff and Defendants further stipulate that each party shall pay its own attorneys' fees and costs.

Defendants have agreed to remedy all known ADA violations identified in EXHIBIT A of the settlement agreement executed by the parties.

This case is not a class action, and no receiver has been appointed.

Wherefore, Plaintiff and Defendants, by and through their attorneys of record and/or authorized representative, so stipulate.

FILER'S ATTESTATION

Pursuant to Local Rule 5-1, I hereby attest that on June 06, 2018, I, Kenneth J. Pinto, received the concurrence of Sarahann Shapiro, Esq. in the filing of this document.

Pursuant to Local Rule 5-1, I hereby attest that on June 06, 2018, I, Kenneth J. Pinto, received the concurrence of Richard Schramm, Esq. in the filing of this document.

PROPOSED ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED:

1. The lawsuit against Defendants is dismissed with prejudice.

2. Each party shall pay its own attorneys' fees and costs in this action.