Free Order Dismissing Case - District Court of California - California

Case 3:07-cv-02305-LAB-NLS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA PACIFIC BEACH UNITED METHODIST ) Civil Case No.: 07 CV 2305LAB PCL CHURCH, a California Religious ) Corporation; and its Pastor APRIL ) HERRON; ) ORDER OF DISMISSAL ) Plaintiffs, ) ) ) vs. ) The CITY OF SAN DIEGO; CITY OF SAN ) DIEGO NEIGHBORHOOD CODE COM- ) PLIANCE DEPARTMENT; Mayor JERRY ) SANDERS, City Council Members SCOTT ) PETERS, KEVIN FAULCONER, TONI ) ATKINS, TONY YOUNG, BRIAN MAIEN- ) SCHEIN, DONNA FRYE, JIM MADAFFER, ) BEN HUESO, NCC Director MARCIA ) SAMUELS, NCC Land Development ) ) Investigator PAMELA JONES, et al; ) ) Defendants. )

Plaintiffs PACIFIC BEACH UNITED METHODIST CHURCH and APRIL HERRON and Defendants the CITY OF SAN DIEGO; CITY
OF

SAN DIEGO NEIGHBORHOOD CODE

COMPLIANCE DEPARTMENT; Mayor JERRY SANDERS; City Attorney MICHAEL J. AGUIRRE; City Council Members SCOTT PETERS, KEVIN FAULCONER , TONI ATKINS, TONY YOUNG , BRIAN MAIENSCHEIN, DONNA FRYE , JIM MADAFFER, BEN HUESO ; MARCIA SAMUELS and PAMELA JONES jointly filed a joint motion to dismiss, captioned Stipulation of Settlement and Dismissal, in this case. /// 1
ORDER OF SETTLEM ENT AND DISMISSAL Case No. 07cv2305-LAB-PCL

Case 3:07-cv-02305-LAB-NLS 1 2

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The parties memorialized the terms of the Stipulation of Settlement and 3 Dismissal as follows: 4 1. 5 not to issue a Notice of Violation or other citation in connection with Plaintiffs' 6 Wednesday Night Ministry activities, which include Plaintiffs' religious practice of 7 sharing common meals with the community and providing ministry, food and 8 other care to the poor, the homeless and others in need in the community; 9 2. 10 agents and employees from conducting lawful inspections of any premises or 11 otherwise attempting to enforce other duly-enacted laws and ordinances; 12 3. 13 practicing their religion on their property; and 14 4. 15 agree to dismiss their Complaint and the Parties agree to bear their own attorneys 16 fees and all other litigation costs in connection with this action. 17 5. 18 over disputes between and among the parties arising out of their settlement 19 agreement. 20 The parties' joint motion to dismiss is GRANTED and this action is hereby 21 DISMISSED WITHOUT PREJUDICE. The parties shall each bear their own costs. The 22 Court does not retain jurisdiction over this case or over any disputes arising out of the 23 parties' settlement agreement. 24 IT IS SO ORDERED. 25 26 27 28 DATED: April 18, 2008 HONORABLE LARRY ALAN BURNS United States District Judge 2
ORDER OF SETTLEM ENT AND DISMISSAL Case No. 07cv2305-LAB-PCL

Defendants, including the City and its agents and employees, agree

Nothing in the Stipulation and Dismissal restricts the City and its

Nothing in the Stipulation and Dismissal restricts Plaintiffs from

In consideration of these agreements and stipulations, Plaintiffs

At this time the parties do not wish the Court to retain jurisdiction