HomeMy WebLinkAboutMICAH'S WAYDocuSign Envelope ID: 31399AME-11 B94253-A936-5A95508756C9 A-2 02 3-15 3
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
DATE: SETTLEMENT AGREEMENT
O: Eftoco) This Settlement Agreement (the "Agreement") is entered into as of August 28, 2023, by
C,,,,,,i w .r and between plaintiff Micah's Way ("MW") and defendant City of Santa Ana (the "City") 3' [hereinafter, MW and the City shall be collectively referred to as the "Parties" and/or
individually as a "Party"].
RECITALS
m
NA. MW is an all -volunteer, non-profit organization that, since its formation in 2005, has been
engaged in Christian ministry in providing a variety of offsite and offsite charitable services to
cn persons in need, including individuals who are impoverished, downtrodden, disabled, and/or
c.0 housing insecure.
B. For nine years from 2005 to 2016, MW's headquarters, i.e., its Resource Center, was
located on 17th Street in Santa Ana. In or about May 2016, MW relocated its Resource Center to
1517 E. 4th Street in Santa Ana, which consists of a one-story, single-family residential structure
that has been converted for office use (the "Property"). The Property is located within the City's
"Professional" zoning district (the "Professional District"). MW currently leases the Property
from its owner.
C. The charitable services MW currently provides onsite at its Resource Center include ID
vouchers; assistance in obtaining birth certificates; mailing address and mail collection for pick-
up; hygiene materials; clothing; bus passes; hotel/motel vouchers; tuition assistance for children
from low-income families; counseling; and other general outreach and referral services. MW
also provides offsite charitable services, including assistance for persons released at night from
the Orange County jail and the delivery of boxes of food to low-income families or individuals
who are housed. The services generally described in this Recital C, which is not intended to be
an exhaustive list of such services, shall collectively be referred to as MW's "Charitable
Services."
D. In connection with providing persons who visit its Resource Center with one or more of
the Charitable Services described above, MW also provides any such visitors who are hungry or
thirsty with something to eat or drink, such as snack food items (muffins, pastries, fruit, etc.) and
beverages (coffee, juice, water, etc.). Likewise, MW may occasionally provide canned goods
and other food items to persons who come to the Resource Center in need of food and have a
vehicle to transport the food goods. The food distribution services generally described in this
Recital D constitute part of MW's Charitable Services, but, for purposes of this Agreement, such
services shall collectively be referred to as MW's "Incidental Food Activities."
E. On December 27, 2021, and again on February 2, 2022, MW applied to the City for a
Certificate of Occupancy ("COO") to use and occupy the Property as MW's Resource Center.
By letter of June 7, 2022, the City denied MW's second COO application on the grounds that (1)
MW was engaged in food distribution activities as one of its primary uses of the Property and (2)
food distribution is an unpermitted use in the City's Professional District.
DocuSign Envelope ID: 3B99AD9E-11B9-4253-A93B-5A95508756C9
F. From approximately June to September 2022, the Parties were involved in administrative
proceedings relating to MW's appeal of the City's denial of MW's COO application. Upon the
disposition of MW's appeal and, for the period from approximately September 2022 to January
2023, MW and the City exchanged a series of communications regarding the conditions under
which the City would agree to issue a COO for MW to use and occupy the Property. However,
the Parties were unable to reach an agreement in this regard.
G. On January 30, 2023, in U.S. District Court for the Central District of California,
Southern Division (the "Court"), MW filed that certain "Complaint for (1) Violation of Religious
Land Use and Institutionalized Persons Act and (2) Violation of First Amendment to the United
States Constitution" (the "Complaint") against the City and thereby commenced that certain civil
action entitled Micah's Way v. City of Santa Ana, Case No. 8:23-CV-00183-DOC-KES (the
"Action").
H. The Parties recognize that continued litigation between them would require substantial
time, effort, and expense unless the Action is settled and dismissed without prejudice in
accordance with the terms and conditions set forth below.
I. Accordingly, without waiving, releasing, abandoning, or in any way precluding any of
their respective rights, privileges, claims, or defenses that are based upon, arise out of, or
otherwise relate to the Religious Land Use and Institutionalized Persons Act ("RLUIPA" )„ the
U.S. Constitution, the California Constitution, the Santa Ana Municipal Code, or any other
applicable statutes, laws, or regulations (collectively, the "Applicable Laws"), the Parties wish to
enter into this.Agreement to (1) avoid the expense, inconvenience, and uncertainty of litigation
and (2) set forth the terms and conditions pursuant to which the City will issue a COO to MW for
the use and occupancy of the Property.
NOW, THEREFORE, in light of the foregoing Recitals which are incorporated herein as
part of this Agreement, and in consideration of the representations, warranties, promises,
covenants, and releases contained herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following
terms and conditions:
TERMS AND CONDITIONS
1.0 Court's Entry of Stipulated Order.
1.1 Entry of Stipulated Order Is Condition Subsequent. This Agreement shall be subject
to and conditioned upon the Court's entry of the Stipulation and [Proposed] Order Dismissing
Action and Retaining Jurisdiction to Enforce Settlement Agreement (the "Stipulated Order"), a
copy of which is attached as Exhibit "A" hereto and is incorporated herein. In this regard, the
Parties' respective duties and obligations set forth in Section 3 of this Agreement shall only
become effective upon the date on which the Court enters the Stipulated Order.
DocuSign Envelope ID: 31399AD9E-11 B9.4253-A93B-5A95508756C9
1.2 Execution and Delivery of Stipulation. Concurrently with the execution and delivery
of this Agreement, the Parties shall cause their respective attorneys of record in the Action to
execute and exchange with each other the signature pages from the Stipulation portion of the
Stipulated Order. Upon the Stipulation being fully executed by the Parties' respective counsel,
MW shall cause its attorneys to promptly submit the Stipulated Order to the Court for its
signature.
1.3 Nullification of Agreement. In the event that the Court (a) declines to enter the
Stipulated Order or (b) materially revises the Stipulated Order before entering it and both Parties
do not agree in writing to accept such revisions, then this Agreement shall automatically be
deemed null and void upon one of the Parties providing written notice of such nullification to the
other Party.
2.0 Mutual Covenants.
2.1 MW's Covenant. For a period of seven (7) years from the Effective Date of this
Agreement, MW covenants and agrees that, before (a) seeking relief from the District Court to
enforce this Agreement or (b) filing suit against the City or any of its council members, officers,
employees, or authorized agents or representatives (collectively, the "City's Related Persons")
relating to any claims or causes of action (a) arising out of MW's use or occupancy of the
Property and (b) basedupon any of MW's existing or potential rights, privileges, or defenses
arising under any of the Applicable Laws, MW shall first comply with its obligations under the
terms of the Dispute Resolution Process set forth in Section 4 below.
2.2 Ci. W s Covenant. For a period of seven (7) years from the Effective Date of this
Agreement, the City covenants and agrees that, before (1) seeking relief from the District Court
to enforce this Agreement or (2) filing suit, or taking any administrative action, (including, but
not limited to, the issuance of any administrative citations, the imposition of any fines, or the
commencement of any nuisance abatement proceedings), against MW, or any of its directors,
officers, members, volunteers, clients, or authorized agents or representatives (collectively,
"MW's Related Persons") relating to any claims or causes of action (a) arising out of MW's use
or occupancy of the Property and (b) based upon any of the City's existing or potential rights,
privileges, or defenses arising under any of the Applicable Laws, the City shall first comply with
its obligations under the terms of the Dispute Resolution Process set forth in Section 4 below.
3.0 Issuance of COO and Business License; Permitted and Unpermitted Uses at the Property
3.1 Issuance of COO and Business License. Upon the Court's entry of the Stipulated
Order, MW shall promptly submit a new COO Application and new Business License
Application (and any required payment) to the City. No later than ten (10) business days after
receipt of these Applications, the City shall issue a valid COO and a valid Business License to
MW, permitting MW to use and occupy the Property for its Charitable Services, including its
Incidental Food Activities, in accordance with the terms and conditions of this Agreement. In
issuing the COO and Business License to MW, the City shall deem MW's Resource Center at the
Property to meet the definition of "Professional, business, and administrative office," as set forth
in Section 41-127.5 of the Santa Ana Municipal Code.
DocuSign Envelope ID: 3B99AD9E-11 B94253-A936-5A95508756C9
3.2 Permitted Uses at the Property. Upon receiving the COO and Business License,
MW shall be allowed to provide its Charitable Services, and engage in its Incidental Food
Activities, at the Property, provided, however, that such Incidental Food Activities shall only take
place inside the building at MW's Resource Center, except on those occasions when MW is
required to make reasonable accommodations to persons with disabilities, as such terms are
defined by the Americans with Disabilities Act, state law or other applicable law. For families
with vehicles and housing, MW may provide occasional boxes or bagged groceries to avoid daily
visits as necessary and any such food items shall be placed directly into the clients' vehicles.
3.3 MW's Clean-up Activities. On any day of the week that MW provides its
Charitable Services, MW shall use its best efforts to undertake neighborhood clean-up activities
within a minimum of fifty (50) feet from the perimeter of the Resource Center (the "Clean -Up
Area") to prevent the accumulation of any possible litter or waste associated with MW's
operations. Notwithstanding the time limits specified in Section 4.3 below, in the event that a
Dispute of a material nature arises regarding MW's clean-up activities involving allegations by
the City that more than just an insubstantial amount of litter or waste reasonably attributable to
any of MW's operations has accumulated within the Clean -Up Area and, after receiving notice
from the City of such condition, MW has failed or refused to fully abate such condition within
two (2) court days after receiving such notice, the City shall comply with its respective
obligations under the terms of the Dispute Resolution Process set forth in Sections 4.1 through
4.6 below, except that. the Parties shall endeavor to meet and confer regarding the Dispute as
soon as is reasonably possible, but not later than two (2) court days, after being provided with a
Dispute Notice by the City.
3.4 Uses Not Permitted at the Property. MW shall not be allowed to distribute at the
Property hot prepared meals, plates of food, or items that require refrigeration for storage. In
addition, MW shall not establish or operate an outdoor feeding station at the Property to provide
its clients or other members of the public, regardless of housing status, with food or beverage
items, such as sandwiches, coffee, pastries, doughnuts, muffins, canned goods, etc., on a regular
basis.
3.5 Agreement Applies to Onsite, Not Offsite, Services. This Agreement is intended to
govern and apply to the Charitable Services provided by MW onsite at the Property. The
Agreement is not intended to, and shall not, govern or apply to any services or activities
conducted by MW or MW's Related Persons at offsite locations, such.as the Orange County Jail.
4.0 Dispute Resolution Process,
4.1 Court's Retention of Jurisdiction. The Court shall retain jurisdiction over the Action
for a period of seven (7) years from the Effective Date of this Agreement for the purposes of (a)
overseeing the implementation of this Agreement, and (b) implementing and presiding over the
dispute -resolution process (the "Dispute Resolution Process") described below.
4.2 Resolution of Disputes. Except as may be modified by the Court, or the Parties with
the Court's consent, during the seven (7)-year period of the Court's continued jurisdiction, this
Dispute Resolution Process shall apply to resolve and adjudicate any and all disputes,
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DocuSign Envelope ID: 3B99AD9E-11 B9-4253-AWMA95506756C9
controversies, or claims (collectively, "Disputes" and individually, "Dispute") arising out of or
relating to (a) the breach, enforcement, or interpretation of any of the terms or conditions of this
Agreement or (b) the determination of the scope of the Meet and Confer, Mediation, and
Enforcement Motion procedures set forth below.
4.3 Meet and Confer Requirement. Should any Dispute arise between the Parties, the
complaining Party (the "Complainant") shall provide the other Party (the "Responding Party")
with written notice (the "Dispute Notice") describing the precise nature of the Dispute and shall
also provide whatever evidence or information the Complainant possesses that the Complainant
believes is relevant to the Dispute. Within five (5) court days after receipt of the Dispute Notice,
the Responding Party shall provide whatever evidence or information the Responding Party
possesses that the Responding Party believes is relevant to the Dispute. Within ten (10) court
days following service of the Dispute Notice, the Parties shall meet and confer in an informal
effort to resolve the Dispute without any further proceedings. If the Dispute is resolved through
the Meet and Confer process, the Parties shall memorialize their resolution of the Dispute in a
writing to be signed by the Parties.
4.4 Preservation of Status Quo Ante Following Receipt of Dispute Notice, Injunctive
Relief. Upon receipt of a Dispute Notice, and until the Dispute Resolution Process has been
completed in accordance with the procedures set forth in Sections 4.3 through 4.6, inclusive,
both of the Parties shall maintain and preserve the status quo as it existed before the Dispute
arose and shall forbear and refrain from materially altering such status quo ante. In the event that
one of the Parties does not comply with the provisions of this Section 4.4, the other Party may
apply to the Court for a temporary restraining order and/or a preliminary injunction to preserve
the status quo ante pending the completion of the Dispute Resolution Process.
4.5 Mediation. Should any Dispute not be resolved within ten (10) court days following
service of the Dispute Notice through the Meet and Confer process described above, either Party
may request that the Dispute be submitted to a one -day mandatory mediation before the U.S.
Magistrate Judge assigned to the Action. The Parties shall cooperate in expediting the
scheduling of the Mediation. If the Dispute is resolved through the Mediation process, the
Parties shall memorialize their resolution of the Dispute in a writing to be signed by the Parties.
4.6 Enforcement Motion. Should any Dispute not be resolved through the Meet and
Confer and Mediation processes described above, the Complainant may file and serve anoticed
motion (the "Enforcement Motion") with the Court to enforce the Agreement and resolve the
Dispute. Unless the Court orders otherwise, the Court's normal rules governing the scheduling
of motions and the filing and service of motion papers, opposition papers, and reply papers shall
apply to the Enforcement Motion. The prevailing Party in connection with any Enforcement
Motion shall be entitled to apply to the Court for an award of its attorney's fees and expenses
incurred in connection with the Dispute Resolution Process. However, the Court shall not be
empowered to award any compensatory damages to the prevailing Party that were proximately
caused by or were otherwise sustained as a result of the Dispute.
DocuSign Envelope ID: M99AME-1169.4253-A93a-5A95508756C9
5.0 Waiver and Release of Any Leaal Exvenses Incurred As of Effective Date ofAlareement.
Each of the Parties hereby waives and releases the other Party from any obligation to pay
any legal expenses, including any attorney's fees, costs, and expenses, that each Party may have
incurred as of the Effective Date of this Agreement as a result of or otherwise arising out of (a)
any pre -litigation, administrative activities or proceedings relating to MW's application for, or
MW's appeal of the City's denial of, a COO for the use and occupancy of the Property; (b) the
Action; or (c) the resolution, negotiation, and settlement of the Action, including the negotiation
of this Agreement.
6.0 Additional Provisions
6.1 Non -Admission of Liability. By entering into this Agreement, neither Party is
admitting any liability, and this Agreement should not be construed as an admission of liability
by any Party.
6.2 Knowing and Voluntary. Each person signing below represents that he/she has
reviewed all aspects of this Agreement, that the Agreement has been carefully read and fully
explained to them and that they understand every provision of this Agreement, that they
voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly
intend to be legally bound by the same, and that they were given the opportunity to consider the
terms of this Agreement and discussed them with legal counsel.
6.3 Entire Agreement. This Agreement is fully integrated and contains the entire
agreement and understanding between the Parties and supersedes any and all prior agreements,
arrangements or understandings of any kind or nature between the Parties with regard to the
subject matters hereof.
6.4 Warranty of Authority. Each signatory to this Agreement hereby warrants that he or
she has the authority to enter into this Agreement and bind the Party on whose behalf he or she is
executing this Agreement. The Parties further represent and acknowledge that in executing this
Agreement they do not rely and have not relied upon any representation or statement made by
any of the Parties or by the Parties' respective agents, attorneys, or representatives with regard to
the subject matter, basis, or effect of this Agreement or otherwise, other than those specifically
stated in this Agreement.
6.5 Counterparts. This Agreement may be executed in counterparts with the same effect
as if all original signatures were placed on one document, and which, when taken together, shall
constitute one original agreement. Electronic, PDP, DocuSign, or equivalent electronic or
facsimile signatures, will have the same force and effect as an original signature. A photocopy or
electronic copy this Agreement, or any part thereof, may be substituted in place of the original
version of the same.
6.6 Interpretation. Both Parties have participated in drafting this Agreement, and
accordingly, any ambiguity herein shall not be construed for or against either Party.
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6.7 Modification ofAgreement. This Agreement may not be altered, amended, modified
or otherwise changed in any respect, except in writing signed by the authorized representatives
of both Parties.
6.8 Notices. All notices and other communications required by or relating to this
Agreement shall be in writing and shall be deemed given when delivered both by a recognized
overnight courier service and by e-mail transmission to the Party in question at the following
addresses, or at such other addresses for a Party as shall be specified by like notice, provided that
a notice of change of address(es) shall be effective only from the date of its receipt by the other
Party. The Party giving notice shall contemporaneously transmit to the other Party and the
attorneys for such other Party (at the respective e-mail addresses set forth below) a courtesy e-
mail copy of any notices or communications sent concerning this Agreement. However, no
notice shall be deemed effective until it has been delivered by a nationally recognized overnight
courier service, unless receipt of notice delivered by e-mail is expressly acknowledged by the
Party receiving notice.
(a) if to MWW, then to:
Vaskin Koshkerian
President
Micah's Way
1517 E. 4th Street
Santa Ana, CA 92701
E-mail: vkoshkerianggmail.com
With a copy to:
Tucker Ellis LLP
2211 Michelson Drive, Suite 1100
Irvine, CA 92612
Attention: Edmond M. Connor
Douglas A. Hedenkamp
E-mail: edmond.connor@tuckerellis.com
E-mail: douglas.hedenkamp@tuckerellis.com
And a copy to:
O'Melveny & Meyers LLP
610 Newport Center Drive, Ste. 1700
Newport Beach, CA 92660
Attention: Brett J. Williamson
Nora Salem
Gabe Castillo Laughton
E-mail: bwilliamson@omm.com
omm.com
E-mail: nsalemnn omm.com
E-mail: acastillolau hr ton@omm.com
DocuSign Envelope ID: 3B99AD9E-11Bg-4253-A93B-5A95508756C9
(b) if to the City, then to:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA92702-1988
Fax: 714- 647-6956
With courtesy copies to:
City Attorney's Office
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax:714-647-6515
6.9 Severability. In the event any condition, covenant, or provision set forth in this
Agreement is held to be invalid, unenforceable or void by any Court of competent jurisdiction,
the same shall be deemed severable from the remainder of this Agreement and shall in no way
effect any other condition, covenant, or provision herein contained, and the remainder of this
Agreement shall continue to be valid and enforceable. If such condition, covenant, or other
provision shall be deemed invalid or unenforceable due to scope or breadth, such provision shall
be deemed valid to the extent of the scope or breadth permitted by law.
6.10 Successors and Assigns. This Agreement shall bind and inure to the benefit of the
Parties, and their respective officers, directors, employees, members, volunteers, agents, lessors,
successors, and assigns.
6.11 Effective Date. The Parties deem this Agreement to be effective as of the date that
the Agreement is fully signed and delivered by each Party and, upon such execution and delivery,
the "Effective Date" of this Agreement shall be the date first set forth above.
[This space intentionally left blank]
[Signatures on the following page]
DocuSign Envelope ID: 3B99AD9E-11B9-4253-A93B-5A95508756C9
A-2023-153
In Witness Whereof, this Agreement is hereby entered into and executed by the Parties on the
dates set forth below.
DEFENDANT CITY OF SANTAANA, a charter law city and municipal
corporation, duly organized and existing under the
Dated: Constitution and laws of the State of California
By: �
istine Ridgd Cit anager
ATTEST: CITY OF SANTAANA, a charter law city and municipal
corporation, duly organized and existing under the
Constitution and laws of the State of California
Dated: ZS 33
By:
ennifer L. I, C ty Clerk
PLAINTIFF MICAH'S WAY
Dm1u5lgned by:
Dated: 8/29/2023 By: �`�'
Vas"U o�°�'cs Brian, President
[This space intentionally left blank]
[Signatures continued on the following page]
DocuSign Envelope ID: 3B99AD9E-11B9-4253-A93B-5A95508756C9
APPROVED AS TO FORM:
Dated: _8/28/23
Dated: 08/29/2023
SONIAR. CARVALHO,
CITY ATTORNEY
City of Santa Ana
Im
Jose Montoya
Assistant City Attorney
Attorney for Defendant
CITY OF SANTAANA
Edmond M. Connor
Douglas A. Hedenkamp
Tyler Palmer
TUCKER ELLIS LLP
0
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M. Connor
s for PlaintiffMicah's Way
EXHIBIT A
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BRETT J. WILLIAMSON (SBN 145235)
bwilliamson@omm.com
NORA N. SALEM (SBN 307968)
nsalem@omm.com
GABE CASTILLO LAUGFrrON (SBN
342581)
gcastillolaughton@omm.com
O'MELVENY & MYERS LL.P
610 Newport Center Drive, Suite 1700
Newport Beach, California 92660
Telephone: (949) 823-6900
Facsimile: (949) 823-6994
Attorneys for Plaintiff Micah's Way
(additional counsel information on next page)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MICAH'S WAY, a California non-
profit corporation,
Plaintiff,
VS.
CITY OF SANTA ANA,
Defendant.
1
CASE NO. 8:23-CV-00183-DOC-KES
STIPULATION AND [PROPOSED]
ORDER DISMISSING ACTION
AND RETAINING JURISDICTION
TO ENFORCE SETTLEMENT
AGREEMENT
STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION AND
RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT
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EDMOND M. CONNOR (SBN 65515)
edmond.connor@tuckerellis.com
DOUGLAS A. HEDENKAMP (SBN 216487)
douglas.hedenkamp@tuckerellis. com
TYLER PALMER (SBN 344040)
tyler.palmer@tuckerel lis.com
TUCKER ELLIS LLP
2211 Michelson Drive, Ste 1100
Irvine, CA 92612
Telephone: (949) 622-2600
Facsimile: (949) 622-2626
BROOI{E WEITZMAN (SBN 301037)
bweitzman@cldreentej-.org
WILLIAM WISE (SBN 109468)
bwisc@eldreenter.org
ELDER LAW AND DISABILITY RIGHT'S CENTER
1535 E. 17th St., Ste 110
Santa. Ana CA92705
Telephone: (714) 617-5353
Attorneys for Plaintiff Micah's Way
WHEREAS, following settlement discussions, plaintiff Micah's Way and
defendant City of Santa Ana (collectively, the "Parties") have entered into a.
Settlement Agreement, a true and correct copy of which is attached as Exhibit "A"
hereto and is incorporated herein by reference (the `Settlement Agreement").
NOW, THEREFORE, the Parties, by and though their undersigned
attorneys of record, stipulate and agree as follows:
I. The Court shall enter an Order that incorporates all of the terms of the
Settlement Agreement.
2. Pursuant to such Order, the Court shall retain exclusive jurisdiction in
this Action to resolve any future disputes between .the Parties regarding the
interpretation, breach, or enforcement of the Settlement Agreement for a period of
seven (7) years from the Effective Date of the Settlement Agreement, provided that
3
STIPULATION AND [PROPOSED] ORDER'DISMISS"ING ACTION AND
RETAINING JUR.ISTDICTION TO ENFORCE SET'PLEMEN'I' `AGREEMENT
Micah's Way continues to use and occupy the ptopertylocatod at 1517-E. 4th Street
in Santa Ana, California during such time period
3. Subject to the above provisions, the Order shall dismiss. the Action
without prejudice.
IT IS SO STIPULATED
Dated: August _, 2023 Edmond M Conpor,, ,
Douglas A.'Hecl#amp
T ler Palmer `
'I�JCKEIB ELLIS LLP
j
By
d nbn d,oYnTor
Attorneys fWP4dimif'fM!,e h'`s'Way '
1?ated: August _; 2023 Brett J. Wil iairisbfi%Vs
Nora N. Salem .
Gabe Cas$tllwf lilion
D'iVIEI,VI�t�-�§� I SELLP
By�a
Attorneys loaf P1a4fttA1-,Mib4hWway: ',
Brooke We tzman
TaMER
By F3xooTEe
Attorit
Sonia R'f
John M. k
Jose Mow
SANTA A
O +'1F'ICk,
By
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[1 R,0P,�.Os.SED] STIPIiTLA'FED ORDER I
REIATNIN(i 71 iIE ISDWTI®N 'm El
,4.', rr
e'Tf fhatt --
for PlalntiffMic',s Way
ralho City Attorney
Sr. Mst. Citv Afldrnev
A a JyiN
CL`P,'MENT a f
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NOW, THEREFORE, pursuant to Federal Rule of Civil Procedure 41(a)(2),
and good cause appearing from the foregoing Stipulation, the Court HEREBY
ORDERS AND DECREES as follows:
1. The terms of the Settlement Agreement are incorporated herein as if
set forth in full hereat.
2. The Court hereby retains exclusive jurisdiction.in this Action to'
resolve any future disputes between the Parties regarding the interpretation, breach,
or enforcement of the terms of the Settlement Agreement for the period of seven (7)
years from the Effective Date of the Settlement Agreement, i.e., August 25, 2023.
3. Subject: to the above provisions, the Action is hereby dismissed
without prejudice."
IT IS SO ORDERED.,:
bated: �, 2023
Bon. Mvi�"TO: Caster --
Judge, United States District Court
'F
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[PROPOSED.] STIPULATED ORDER DISMISSING ACTION AND
RETAINING JURISDICTION TO ENFORCE SETTLEMENT