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AZURIN v. SOCIAL SECURITY ADMINISTRATION

United States District Court, S.D. California


December 9, 2005.

MARY AZURIN, Plaintiff,
v.
SOCIAL SECURITY ADMINISTRATION, Defendant.

The opinion of the court was delivered by: MARILYN HUFF, District Judge

JOINT STIPULATION FOR DISMISSAL AND RELEASE AND [PROPOSED] ORDER THEREON
SUBJECT TO THE COURT'S APPROVAL, IT IS HEREBY STIPULATED by and between Plaintiff, MARY AZURIN, and Defendant, SOCIAL SECURITY ADMINISTRATION ("Defendant) and its attorneys of record, that:

  1. The above-captioned action shall be dismissed with prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure;

  2. This dismissal with prejudice and release of all of Plaintiff's claims is based upon Defendant's release of $1,044.00(ONE THOUSAND FORTY-FOUR DOLLARS) to Plaintiff on December 1, 2005;

  3. This stipulation for dismissal and release does not constitute any admission of liability or fault on the part of the Defendant in reference to the events alleged in the Complaint or otherwise;

  4. In consideration of Defendant's payment to Plaintiff, and for other good and valuable consideration, receipt of which is hereby acknowledged, Plaintiff does hereby release, absolve, and discharge Defendant and its agencies, facilities, agents and employees, past, present and future, from any and all claims, appeals, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, wages, obligations, commissions, overtime payments, debts, expenses, damages, judgment, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown to Plaintiff which Plaintiff now owns or holds or has at any time owned or held and which arise out of the matters referred to in this lawsuit; and

  5. Plaintiff further expressly waives any and all rights and benefits conferred upon her by the provisions of Section 1542 of the California Civil Code. Section 1542 provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
  In connection with such waiver and relinquishment, Plaintiff acknowledges that she is aware that she may hereafter discover claims presently unknown or unsuspected or facts in addition to or different from those which she now knows or believes to be true, with respect to the matters released herein. Nevertheless, it is the intention of Plaintiff through this dismissal and release to fully, finally and forever settle and release all such matters, and all claims relative thereto, that heretofore have existed, now exist, or hereafter may exist between the Plaintiff on the one hand, and Defendant on the other, arising out of Plaintiff's Complaint.

  ORDER

  Good cause appearing, IT IS SO ORDERED.

20051209

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