UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
August 29, 2008
2150 SIGOURNEY JOSSIAH - FRANCIS LEE ASSOCIATION, SUING ON BEHALF OF THEODORE A. PINNOCK AND ITS MEMBERS; AND THEODORE A. PINNOCK, AN INDIVIDUAL, PLAINTIFFS,
INSPRIATION POINT, A CALIFORNIA CORPORATION, D.B.A. DAVID ALAN COLLECTION; DAVID A. BARDWICK; [FED.R.CIV.P. RULE 41(A)(2)] DOES 1 THROUGH 10, INCLUSIVE DEFENDANTS.
The opinion of the court was delivered by: Honorable Jeffrey Miller United States District Court Judge
ORDER FOR DISMISSAL WITH PREJUDICE OF ALL DEFENDANTS AND PLAINTIFFS' COMPLAINT IN ITS ENTIRETY
WHEREAS: Defendant David Bardwick is out of the country and will be very difficult to reach for approximately four weeks, and Plaintiff Theodore Pinnock is out of town; and
WHEREAS: This case settled some time ago but a written settlement agreement cannot, under the circumstances, be finalized before several Court appearances the week of 28 August 2008; and
WHEREAS: The settlement involves a "walk away" with each party bearing their own legal fees, litigation expenses and costs, with no payments made or to be made by any party to the other(s); and
WHEREAS: Both Plaintiffs Pinnock and 2150 Sigourney Jossiah -- Francis Lee Association represent that: (1) they have had sufficient opportunity to review the changes made to the subject property in this action since being informed of them, and (2) they are satisfied that all changes they have sought or requested to date for any claimant(s) represented in this action have been made.
IT IS HEREBY ORDERED, pursuant to the Joint Motion For Dismissal on file herein, that Defendants INSPRIATION POINT, A California Corporation, d.b.a. DAVID ALAN COLLECTION; and DAVID A. BARDWICK are dismissed with prejudice from Plaintiffs' Complaint. Additionally, Plaintiffs Complaint is dismissed with prejudice in its entirety. Each party to the action shall bear their own respective legal fees, litigation expenses and costs.
Any party may seek leave of Court to re-open this case during a period of sixty (60) days following entry of this order for purposes of formalizing a settlement on the record with parties personally appearing, in the unlikely event a written settlement agreement between the parties is not finalized.
IT IS SO ORDERED.
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