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FABIANO v. BRENDAN TOURS

March 28, 2003

DIANE FABIANO, PLAINTIFF,
v.
BRENDAN TOURS, A CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge.

CLASS ACTION

STIPULATION FOR DISMISSAL AND ORDER

STIPULATION

WHEREAS, there are only 13 members of the proposed class, which is insufficiently numerous to justify class treatment, and therefore the parties have agreed that this lawsuit is not a proper class action; and

WHEREAS, Plaintiff has not filed any motion for class certification and no formal Notice has been given to any potential class members of the pendency of this lawsuit; and

WHEREAS, the parties have agreed to enter into the Settlement Agreement attached hereto as Exhibit "A";

It is hereby stipulated and requested that Plaintiff's lawsuit be dismissed with prejudice.

ORDER

IT IS HEREBY ORDERED that the class allegations and Plaintiff's lawsuit is dismissed with prejudice.

SETTLEMENT AGREEMENT, AGREEMENT FOR DISMISSAL, AND MUTUAL GENERAL RELEASE
THIS SETTLEMENT AGREEMENT, AGREEMENT FOR DISMISSAL, AND MUTUAL GENERAL RELEASE is between Diane Fabiano ("Plaintiff") and Brendan Tours ("Defendant"). Plaintiff and Defendant will be referred to collectively as the "Parties".

RECITALS

A. A dispute arose concerning Plaintiff's performance of services for Defendant, and Plaintiff filed a lawsuit against Defendant entitled Diane Fabiano v. Brendan Tours, which was and is pending in the United States District Court for the Northern District of California, Case No. C 01-03213 MMC (the "Lawsuit"). Although the Complaint indicated that this would be a class action lawsuit, the parties have agreed that it is not a proper class action lawsuit and Plaintiff has not filed any motion for class certification.

B. It is the intention of Defendant and Plaintiff to fully, finally and forever resolve, compromise and settle the Lawsuit, and any and all claims, charges, disputes, grievances, and complaints, suspected and unsuspected, known and unknown, that exist or may exist between them, including but not limited to all acts and omissions related to the performance of services by Plaintiff for Defendant, and any claims Plaintiff has or may have against past or present employees of Defendant.

In consideration of the above recitals, the covenants and Agreements contained herein and other good and valuable consideration, ...


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