Opinion
Case No. CV-10-3279-KAW
03-11-2013
CRAIG YATES, an individual, Plaintiff, v. TURTLE TOWER RESTAURANT; AP SF 631 Larkin LLC, a Delaware Limited Liability Company; PHAM LLC, a California limited liability company; and KHONG TU, an individual, Defendants.
THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION Thomas E. Frankovich Attorneys for Plaintiff CRAIG YATES, an individual JOHN M. JULIUS III LITTLER MENDELSON, P.C. Attorneys for Defendants AP SF 631 LARKIN LLC
THOMAS E. FRANKOVICH (State Bar #074414)
GEORGE S. KHOURY (State Bar #269738)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone: 415/674-8600
Facsimile: 415/674-9900
Attorneys For Plaintiff CRAIG YATES, an individual,
JOHN M. JULIUS III, Bar No. 112640
jjulius@littler.com
LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, California 92101.3577
Telephone: 619.232.0441
Facsimile: 619.232.4302
Attorneys for Defendants
AP SF 631 LARKIN LLC
STIPULATION OF DISMISSAL OF
DEFENDANT AP SF 631 LARKIN LLC, a
Delaware Limited Liability Company AND
[PROPOSED] ORDER THEREON
The parties, by and through their respective counsel, stipulate to dismissal of defendant AP SF 631 LARKIN LLC, a Delaware Limited Liability Company in its entirety with prejudice pursuant to Federal Rules of Civil Procedure 41(a). Outside of the terms of the Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees.
Therefore, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that defendant AP SF 631 LARKIN LLC, a Delaware Limited Liability Company of the above-captioned action become and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure 41(a).
This stipulation may be executed in counterparts, all of which together shall constitute one original document.
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
By: ___________
Thomas E. Frankovich
Attorneys for Plaintiff CRAIG YATES, an
individual
___________
JOHN M. JULIUS III
LITTLER MENDELSON, P.C.
Attorneys for Defendants
AP SF 631 LARKIN LLC
ORDER
IT IS HEREBY ORDERED that defendant AP SF 631 LARKIN LLC, a Delaware Limited Liability Company of the above-caption action is dismissed with prejudice pursuant to Federal Rules of Civil Procedure 41(a).
_________________________
Honorable Judge Kandis A. Westmore
UNITED STATE DISTRICT JUDGE