United States District Court, S.D. California
October 17, 2005.
LINDA DeMAYO, Plaintiff,
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
[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
IT IS SO STIPULATED. ORDER ON STIPULATION OF DISMISSAL WITH PREJUDICE
PURSUANT TO THE STIPULATION OF THE PARTIES, and good cause
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.
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