Opinion
Blake P. Loebs, MEYERS, NAVE, RIBACK, SILVER & WILSON, Attorneys for Defendants CITY OF MODESTO and MARK ULRICH.
Sanjay S. Schmidt, LAW OFFICE OF SANJAY S. SCHMIDT, Attorneys for Plaintiff ARMANDO OLVERA.
Tai C. Bogan, LAW OFFICE OF TAI C. BOGAN, Attorneys for Plaintiff ARMANDO OLVERA.
STIPULATION AND ORDER FOR DISMISSAL OF ALL CLAIMS
ANTHONY W. ISHII, Senior District Judge.
STIPULATION
The parties to the above-entitled action, by and through their respective counsel of record, hereby stipulate and agree as follows:
1. The Parties have reached a collective settlement on all issues raised in this matter. The terms of which are set forth in a written agreement.
2. The Parties seek to dismiss all claims presented in the Complaint with prejudice pursuant to the terms of the respective settlement agreements, as more fully set forth within the Settlement Agreements and Releases executed by and between the Parties.
3. The terms of the settlement have been fully performed by issuance of a check in the amount of $105, 000.00 (one hundred and five thousand and no cents), which Plaintiff has requested be made to "Law Office of Sanjay S. Schmidt Attorney-Client Trust Account (IOLTA)" and was delivered to the Law Office of Sanjay S. Schmidt.
4. The parties wish to dismiss the entire action with prejudice.
WHEREFORE, the parties hereby stipulate and agree as follows:
1. The above-captioned case shall be dismissed with prejudice in its entirety pursuant to Fed.R.Civ.P. 41.
2. Each side shall bear its own attorneys' fees and costs.
IT IS SO STIPULATED.
Local Rule 131(e) Attestation
Pursuant to Local Rule 131(e), approval has been obtained from counsel to submit this document on counsel's behalf.
ORDER
IT IS HEREBY ORDERED that, pursuant to the stipulation of the parties which is recited above.
IT IS FURTHER ORDERED that, pursuant to the same stipulation, as to each and every cause of action so dismissed pursuant to this stipulation and order, each party shall bear his, her or its own costs of litigation, including attorneys' fees. The Clerk is directed to close this case.
IT IS SO ORDERED.