NOTICE OF DISMISSAL WITH PREJUDICE; REQUEST THAT MATTER BE DISMISSED AND THAT CLERK CLOSE FILE; [PROPOSED] ORDER

HOWARD R. LLOYD, Magistrate Judge.

TO THE COURT AND ALL PARTIES TO THIS ACTION:

NOTICE IS HEREBY given that Plaintiff AMADO PICHARDO hereby requests that Defendants ALBA RESTAURANT SERVICES, INC. and ALDO MARESCA be Dismissed with prejudice. This notice is accompanied by the declaration of counsel and proposed order.

DECLARATION OF TOMAS E. MARGAIN

I, Tomas E. Margain, declare as follows:

1. I am the attorney of record for Plaintiff AMADO PICHARDO in this case. I have personal knowledge of the facts set forth in this declaration, and, if called as a witness, I could and would testify thereto.

2. After being sued, Defendants hired Roger Mason of SWEENEY, MASON, WILSON & BOSOMWORTH. I was able to settle my client's dispute over the course of several negotiations conferences with Mr. Mason.

3. The matter was settled prior to Defendants entering an appearance and as such I cannot submit a stipulation and order to Dismiss with prejudice.

4. I have the authority of my client to have this case Dismissed with Prejudice.

I declare under penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct, executed on May 11, 2015 in San Jose, California.

ORDER

Based on GOOD CAUSE shown and upon the Notice and Declaration of Plaintiff's counsel Tomas E. Margain, the Court orders as follows:

The matter is Dismissed with Prejudice. All calendared dates are hereby vacated and the Clerk is directed to close the file.

IT IS SO ORDERED.