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JOHNSON v. HONG

United States District Court, S.D. California


December 27, 2005.

RAYMOND JOHNSON, Plaintiff,
v.
EDMOND HONG, dba, MAH'S KITCHEN; MAH NELLIE TRUSTEE OF THE MAH NELLIE TRUST ½ et al., Defendants.

The opinion of the court was delivered by: JEFFREY MILLER, District Judge

STIPULATION FOR DISMISSAL AND ORDER ON STIPULATION FOR DISMISSAL

STIPULATION FOR DISMISSAL

  IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel, that Edmond Gee, erroneously sued as "Edmond Hong, dba, Mah's Kitchen;" Mah Nellie, Trustee of The Mah Nellie Trust ½ and Does 1-10, Inclusive, named as defendants in the above-captioned action, be and hereby are DISMISSED WITH PREJUDICE pursuant to Federal Rules of Civil Procedure Rule 41(a)(1).

  For valuable consideration, the undersigned Plaintiff fully and forever releases and discharges ALL DEFENDANTS from any and all actions, causes of action, claims, demands, costs, attorneys' fees, expenses and compensation by reason of any damages, general or special, statutory, or injury or injuries sustained by him on account of or in any way arising out of the incident described and set forth in the Complaint of Johnson vs. Edmond Hong, et al., filed on September 14, 2005 in State Court, and removed on October 24, 2005, to the United States District Court for the Southern District of California, Case No. 05 CV 2010 M (JMA).

  Defendants have entered into this Stipulation for the sole purpose of buying peace from any further litigation with Mr. Johnson, and nothing contained in this Stipulation is to be construed as an admission of liability by defendants.

  Faxed signatures are deemed to be as valid as original signatures.

  SO STIPULATED.

  IN WITNESS WHEREOF THE UNDERSIGNED PARTIES HAVE READ THE FOREGOING AND FULLY UNDERSTAND IT.

  ORDER ON STIPULATION FOR DISMISSAL

  Pursuant to the settlement reached between the parties in the above-captioned action, and the parties having so stipulated, this matter is hereby ordered DISMISSED WITH PREJUDICE against all defendants.

20051227

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