Case3:10-cv-02768-JSW Document35 Filed05/26/11 Page1 of 3

1 Moira C. McQuaid (State Bar No. 154232)

2
Law Offices of Moira C. McQuaid
830 Burlway Road
3 Burlingame, California 94010
Telephone: (650) 359-2545
4
Facsimile: (650) 359-2533
5
Attorneys for Plaintiffs
6 ASHANKA STAGG, DAMIAN SEQUOIA,
LUCIAN BALMER, SUNDARI MICHAELIAN
7

9 UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA

11
SAN FRANCISCO DIVISION
12

13 ASHANKA STAGG, DAMIAN SEQUOIA, ) Case No.: CV 10-02768 JSW

LUCIAN BALMER, SUNDARI )
14 MICHAELIAN, ) STIPULATION FOR DISMISSAL
) WITHOUT PREJUDICE OF DEFENDANT
15 ) SRI CHINMOY SOCIETY, INC. ONLY
Plaintiffs, )
16 )
vs. )
17 )
ANANDA FUARA RESTAURANT; an )
18 entity, form unknown; GARIMA, INC., a )
corporation; GARIMA HOFFMANN, an )
19 individual; SRI CHINMOY SOCIETY, INC.,))
20
a corporation; SRI CHINMOY CENTRE, )
an entity, form unknown; and DOES 1- )
21 100, inclusive, )
)
22 )
Defendants. )
23

24
IT IS HEREBY STIPULATED by and between the parties hereto through their
25
respective attorneys of record that pursuant to Federal Rule of Civil Procedure
26
41(a)(1)(ii), Plaintiffs will dismiss without prejudice defendant Sri Chinmoy Society, Inc.
27
(“Sri Chinmoy Society”) only.
28 //

Stip. for Dismissal of Defendant Sri Chinmoy Society, Inc. Case No. CV 10-02768 JSW
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 Case3:10-cv-02768-JSW Document35 Filed05/26/11 Page2 of 3

1 IT IS FURTHER STIPULATED that Sri Chinmoy Society will waive its

2 entitlement, if any, to costs and attorneys’ fees from Plaintiffs which might have accrued
3 prior to this voluntary dismissal. Pursuant to prior discussions between counsel for
4 Plaintiffs and counsel for Sri Chinmoy Society, it is agreed that if Plaintiffs file a new
5 lawsuit or seek to have the present lawsuit revived as to Sri Chinmoy Society, there
6 shall be no waiver of attorneys fees and costs which accrued prior to the voluntary
7 dismissal of Sri Chinmoy Society from this lawsuit and this Stipulation shall not act as a
8 bar to the ability of Sri Chinmoy Society to seek such recovery to the extent allowed by
9 law.
10 IT IS FURTHER STIPULATED that pursuant to prior discussions between
11 counsel for Plaintiffs and counsel for Sri Chinmoy Society, Sri Chinmoy Society agrees
12 that it shall be treated as a party to this lawsuit with respect to Plaintiffs request for
13 production of documents pursuant to Federal Rule of Civil Procedure 34. Counsel for
14 Sri Chinmoy Society has represented to counsel for Plaintiffs that Sri Chinmoy Society
15 does not have in its possession, custody or control documents pertaining to Plaintiffs.
16 Dated: May 26, 2011 LAW OFFICES OF MOIRA C. McQUAID
17

18 by __________/s/________________
Moira C. McQuaid
19 Attorneys for Plaintiffs
20
ASHANKA STAGG, DAMIAN SEQUOIA,
LUCIAN BALMER and SUNDARI
21 MICHAELIAN
22

23
Dated: May 26, 2011 GOLDFARB LIPMAN

24
by __________/s/_________________
25
JAMES DIAMOND
26 Attorneys for Defendants
ANANDA FUARA RESTAURANT, GARIMA,
27 INC. and GARIMA HOFFMANN
28

Stip. for Dismissal of Defendant Sri Chinmoy Society, Inc. Case No. CV 10-02768 JSW
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 Case3:10-cv-02768-JSW Document35 Filed05/26/11 Page3 of 3

1 Dated: May 26, 2011 LITTLER MENDELSON

2

3 by ________/s/___________________
MICHAEL F. McCABE
4
Attorneys for Defendants
5 SRI CHINMOY SOCIETY, INC. and
SRI CHINMOY CENTRE
6

8 ATTESTATION OF E-FILED SIGNATURE

9 I, Moira McQuaid, am the ECF User whose ID and password are being used to
10 file this Stipulation and Proposed Order to Continue the Case Management Conference
11 and other Deadlines. In compliance with General Order 45, X.B., I hereby attest that
12 Michael McCabe and James Diamond have read and approved this Stipulation and
13 Proposed Order and consent to its filing in this action.
14 Dated: May 26, 2011 LAW OFFICES OF MOIRA C. McQUAID
15

16 by _________/s/_________________
Moira C. McQuaid
17 Attorneys for Plaintiffs
ASHANKA STAGG, DAMIAN SEQUOIA,
18
LUCIAN BALMER and SUNDARI
19 MICHAELIAN

20

21

22

23

24

25

26

27

28

Stip. for Dismissal of Defendant Sri Chinmoy Society, Inc. Case No. CV 10-02768 JSW
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