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CONE v. SONOMA CHEESE FACTORY LLC

August 15, 2003

KITTY CONE, AN INDIVIDUAL AND DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES:HELPING YOU HELP OTHERS, A CALIFORNIA PUBLIC BENEFIT CORPORATION, PLAINTIFFS
v.
SONOMA CHEESE FACTORY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; SONOMA FOODS, INC., A CALIFORNIA CORPORATION; LAWRENCE P. VIVIANI AND JACQUELYN R. VIVIANI, TRUSTEES, DEFENDANTS



The opinion of the court was delivered by: Elizabeth LaPORTE, District Judge

STIPULATION OF DISMISSAL AND ORDER THEREON

Plaintiffs KITTY CONE and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES, by and through their counsel, and defendants SONOMA CHEESE FACTORY, LLC, LAWRENCE P. VIVIANI and JACQUELYN R. VIVIANI, by and through their counsel, stipulate to dismissal of this action in its entirety without prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Mutual Settlement Agreement and Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. A true and correct copy of the subject Agreement is attached hereto and incorporated herein as Exhibit "A." [ Page 2]

THEREFORE, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed without prejudice pursuant to Federal Rules of Civil Procedure section 41(a)(1).

IT IS HEREBY FURTHER STIPULATED that upon full satisfaction of the terms of the Mutual Settlement Agreement and Release the parties shall file an Acknowledgment of Satisfaction with the Court and this action shall then be deemed dismissed with prejudice.

This stipulation may be executed in counterparts, all of which together shall constitute one original document.

IT IS SO ORDERED. [ Page 3]

[EDITORS NOTE: THIS PAGE CONTAINS "CERTIFICATE OF SERVICE"]

SETTLEMENT AGREEMENT AND RELEASE

1. Parties: The parties to this Settlement Agreement and Release ("Agreement") are Kitty Cone ("Cone") and Disability Rights Enforcement, Education Services: Helping You Help Others ("DREES") on the one hand, and Sonoma Cheese Factory, LLC, Lawrence P. Viviani and Jacquelyn R. Viviani, Trustees ("Defendants") on the other hand (collectively referred to herein as "the Parties"). There are no intended beneficiaries of this Agreement other than as specifically stated herein.

2. Recitals: This Agreement is made with reference to the following facts:

2.1. The Viviani Defendants own the improved real property located at 2 Spain Street, Sonoma, California, Defendant Sonoma Cheese Factory, LLC operates a business at 2 Spain Street, Sonoma, California. This property, which is the subject of the disputes between the Parties referenced in paragraphs 2.2 and 2.3 below, is hereinafter referred to as the "Facility"

2.2. Certain disputes and controversies "(the "Disputes") have arisen between the Parties hereto.

2.3. The Disputes include, but are not limited to, the claims, complaints, demands and causes of action set forth by Cone and DREES in a civil action currently pending in the United States District Court for the Northern District of California, entitled Cone and DREES v. Sonoma Cheese Factory, et al., Case No. C 02-4536 EDL (the "Lawsuit").

2.4. In the Lawsuit, Cone and DREES claim, inter alia, that the facility does not comply with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., California Civil Code § 54, 54.1 and 54.3, et seq., California Health and Safety Code § 19955, et seq., the Unruh Act, Cal. Civil Code § 51, et seq., and that Defendants violated California Business and Professions Code ...


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