REQUEST TO RE-OPEN AND STIPULATION TO DISMISS; ORDER [FRCP 41(a)(1)(A)(ii)]
Plaintiff, SALOMON GARCIA (hereinafter "Plaintiff"), and Defendants ROOSTERS BURGER AND GRILL, LLC., RAY ESCALANTE, and ESTHER ESCALANTE (hereinafter "Defendants"), by and through their respective undersigned counsel, hereby respectfully submit the following Request and Stipulation:
1. The Plaintiff, SALOMON GARCIA, filed his original complaint in this matter on August 20, 2009.
2. The Plaintiff's Complaint was filed against Defendants ROOSTERS BURGER AND GRILL, LLC, a limited liability company, RAY ESCALANTE, an individual, and ESTHER ESCALANTE, an individual.
3. On February 9, 2010, individual defendants RAY ESCALANTE and ESTHER ESCALANTE filed a Voluntary Petition for Relief under Chapter 13 of Title 11 of the United States Code in the United States Bankruptcy Court, Eastern District of California (Sacramento Division), and a Notice of Automatic Stay with this Court on February 12, 2010.
4. On February 16, 2010, this Court issued a Minute Order staying and administratively closing the instant action, subject to a request that the case may be reopened at the request of the parties.
5. Plaintiff and Defendants request that the above-entitled case be re-opened with the sole purpose of dismissing said case, without prejudice, and with a waiver of attorneys' fees and costs.
NOW THEREFORE, the following is hereby stipulated and agreed upon by the parties:
1. The above-entitled case shall be administratively re-opened and dismissed, pursuant to Fed. Rule of Civ. Proc. 41(a)(1)(A)(ii), without prejudice.
2. The parties waive all attorneys' fees and costs associated with the instant case.