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DeMAYO v. 99 CENTS ONLY STORES

United States District Court, S.D. California


October 17, 2005.

LINDA DeMAYO, Plaintiff,
v.
99 CENTS ONLY STORES dba 99 CENTS ONLY #91; AMY N. SONKA TRUST (04-09-73); AMY A. KASZNEL TRUST (08-02-81) and DOES 1 THROUGH 10, Inclusive, Defendants.

The opinion of the court was delivered by: THOMAS WHELAN, District Judge

STIPULATION OF DISMISSAL AND DISMISSAL OF COMPLAINT WITH PREJUDICE AMY N. SONKA TRUST (04-09-73 and AMY A. KASZNEL TRUST (08-02-81 ONLY
[F.R.Civ.P. Rule 41 (a) (1), (2)]
IT IS HEREBY STIPULATED by and between LINDA DeMAYO, Plaintiff, on the one hand, and AMY N. SONKA TRUST (04-09-73) and AMY A. KASZNEL TRUST (08-02-81) (hereinafter collectively referred to as the "TRUST Defendants"), on the other hand, through their respective attorneys of record, that they have resolved the claims against each other in this action.

  The parties further stipulate, pursuant to Federal Rules of Civil Procedure 41(a) (1, 2), that this Court enter a dismissal of Plaintiff's Complaint, in Case No. 05 CV 1646 W (RBB), against the TRUST Defendants ONLY and with prejudice. DeMAYO and the TRUST Defendants shall each bear its, his or her own costs and fees that they may have against each other in this action.

  It is further stipulated that DeMAYO specifically reserves any and all claims she may have against any other Defendant or potentially responsible party and that those claims are NOT dismissed.

  IT IS SO STIPULATED. ORDER ON STIPULATION OF DISMISSAL WITH PREJUDICE

  PURSUANT TO THE STIPULATION OF THE PARTIES, and good cause appearing therefore:

  IT IS HEREBY ORDERED that the Complaint of LINDA DeMAYO, Plaintiff, in USDC Case No. 05 CV 1646 W (RBB) is hereby dismissed as to Defendants, AMY N. SONKA TRUST (04-09-73) and AMY A. KASZNEL TRUST (08-02-81) ONLY, with prejudice. DeMAYO's claims against any other named defendants or potentially responsible parties are specifically reserved and are not dismissed. DeMAYO and the TRUST Defendants shall bear his, her or its own costs and fees only with respect to their claims against each other in the instant action.

  IT IS SO ORDERED.

20051017

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