Cuadra v. George Brown Sports Club-Palm, Inc. ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ) Case No. 1:17-CV-01063 DAD EPG MARIO CUADRA, ) 11 ) JOINT STIPULATION AND ORDER Plaintiff, ) FOR DISMISSAL WITH PREJUDICE 12 ) v. ) (ECF No. 136) 13 ) GEORGE BROWN SPORTS CLUB- ) 14 PALM, INC.; GEORGE BROWN SPORTS ) CLUB, INC; JOHNSTON ) 15 CONTRACTING, INC.; and DOES 1 ) THROUGH 100, ) 16 ) Defendants. ) 17 ) ) 18 ) ) 19 ) ) 20 AND RELATED THIRD-PARTY ) ACTIONS. ) 21 22 The parties to this action, acting through counsel, and pursuant to Federal Rule of Civil 23 Procedure 41(a)(1)(A)(ii) hereby stipulate, in consideration of a negotiated settlement executed 24 by them, to the Dismissal With Prejudice of this action, including all claims and counterclaims 25 stated herein against all parties, with each party to bear its own attorney's fees and costs. 26 // 27 // 28 // 1 Dated: May 8, 2020 By: /S/ Steven S. Dias STEVEN S. DIAS 2 Attorney for Plaintiff, Mario Cuadra 3 4 Dated: May 8, 2020 By: /S/ Anthony N. DeMaria 5 ANTHONY N. DeMARIA Attorney for Defendants, Third Party 6 Plaintiff, Cross-Claim Plaintiff, GEORGE BROWN SPORTS CLUB PALM LLC, 7 et al. 8 9 Dated: May 8, 2020 By: /S/ T. Patrick Long 10 T. PATRICK LONG or WARREN B. CAMPBELL 11 Attorney for Defendant/Cross 12 Defendant/Third Party Plaintiff, JOHNSTON CONTRACTING, INC. 13 14 Dated: May 8, 2020 By: /S/ Kathleen C. Miller 15 PATRICK K. O’BRIEN or 16 KATHLEEN C. MILLER or BATKHAND ZOLJARGAL 17 Attorney for Third Party Defendant/Counterclaim Plaintiff/ 18 KENNETH GLEN CLARK dba CLARK 19 INSTALLATION. 20 Dated: May 8, 2020 By: /S/ Alice Chen Smith 21 ALICE CHEN SMITH Attorney for Third Party Plaintiff/ Third 22 Party Defendant Defendant/Cross 23 Defendant, WCM, INC. dba TEC SPEC, INC. 24 25 26 27 28 4:68 UV VEAL SOM PO ee OY VI 1 ORDER 2 The parties have filed a stipulation to dismiss the entire action with prejudice (ECF No. 3 136). In light of the stipulation, the case has ended and is dismissed with prejudice. See Fed. 4 R. Civ. P. 41(a)(1); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). 5 Accordingly, the Clerk of the Court is respectfully directed to close this case. 6 | ITIS SO ORDERED. Dated: _ May 8, 2020 [Jee ey —— 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28