Filed: Oct. 13, 2016
Latest Update: Oct. 13, 2016
Summary: ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff Rosio Gutierrez ("Plaintiff") and Defendant Plastic Package, Inc. ("PPI") (collectively, the "Parties"), through their counsel, stipulate and agree as follows: 1. On May 17, 2016, Plaintiff filed a complaint for damages against PPI in the Superior Court of California, County of Sacramento, Case No. 34-2016-00194663 ("State Court Complaint"). 2. On July 8, 2016, Plaintiff served the Sta
Summary: ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff Rosio Gutierrez ("Plaintiff") and Defendant Plastic Package, Inc. ("PPI") (collectively, the "Parties"), through their counsel, stipulate and agree as follows: 1. On May 17, 2016, Plaintiff filed a complaint for damages against PPI in the Superior Court of California, County of Sacramento, Case No. 34-2016-00194663 ("State Court Complaint"). 2. On July 8, 2016, Plaintiff served the Stat..
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ORDER AND STIPULATION FOR DISMISSAL WITH PREJUDICE
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiff Rosio Gutierrez ("Plaintiff") and Defendant Plastic Package, Inc. ("PPI") (collectively, the "Parties"), through their counsel, stipulate and agree as follows:
1. On May 17, 2016, Plaintiff filed a complaint for damages against PPI in the Superior Court of California, County of Sacramento, Case No. 34-2016-00194663 ("State Court Complaint").
2. On July 8, 2016, Plaintiff served the State Court Complaint on PPI.
3. On August 5, 2016, PPI timely removed the State Court Complaint to this Court ("Federal Court Action").
4. On August 11, 2016, PPI moved to dismiss seven of the nine causes of action pleaded in the Federal Court Action.
5. On September 23, 2016, in lieu of opposing PPI's motion, Plaintiff filed and served a first amended complaint ("FAC") in the Federal Court Action.
6. On September 26, 2016, PPI moved to dismiss seven of the nine causes of action pleaded in the FAC.
7. On September 26, 2016, the parties participated in mediation to attempt to resolve the FAC and Federal Court Action in its entirety.
8. The mediation resulted in the parties entering into a Confidential Settlement Agreement and General Release of Claims ("Settlement Agreement").
9. The Parties have agreed to dismiss the FAC and Federal Court Action with prejudice, with each party to bear its own attorneys' fees and costs.
10. Plaintiff further agrees that this stipulation will be enforceable in any and all future actions filed against PPI arising out of or relating to the facts supporting the allegations set forth in the State Court Complaint, Federal Court Action, and FAC.
Pursuant to Local Rule 131(e), counsel for PPI represents that Plaintiff's counsel has authorized submission of this document on Plaintiff's behalf.
ORDER
Pursuant to the Parties' Stipulation for Dismissal with Prejudice, the Court hereby orders the above-captioned action DISMISSED in its entirety with prejudice, each party to bear its own attorneys' fees and costs.
The Clerk of the Court is directed to close this case.
IT IS SO ORDERED.
