Sinegal v. Sensei International, LLC et al, No. 4:2019cv00101 - Document 24 (N.D. Cal. 2019)
Court Description: FINAL JUDGMENT AND STIPULATION AND ORDER FOR ENTRY OF FINAL JUDGMENT [*AS MODIFIED BY THE COURT*] re 23 STIPULATION WITH PROPOSED ORDER FOR ENTRY OF FINAL JUDGMENT filed by David Sinegal. Signed by Judge Yvonne Gonzalez Rogers on 6/26/2019. (fs, COURT STAFF) (Filed on 6/26/2019)
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Sinegal v. Sensei International, LLC et al Doc. 24 1 Moez M. Kaba, State Bar No. 257456 mkaba@hueston.com 2 Craig A. Fligor, State Bar No. 323174 cfligor@hueston.com 3 HUESTON HENNIGAN LLP 523 West 6th Street, Suite 400 4 Los Angeles, CA 90014 Telephone: (213) 788-4340 Facsimile: (888) 775-0898 5 6 Attorneys for Plaintiff David Sinegal 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 David Sinegal, an individual , Case No. 3:19-cv-00101-YGR Plaintiff, 12 Judge: Yvonne Gonzalez Rogers vs. 13 STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 14 Sensei International, LLC, a New York Limited Liability Company; and Omar Khan, an 15 individual, *as modified by the Court* Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3 Dockets.Justia.com IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff David Sinegal 1 2 (“Sinegal”) and his attorneys Hueston Hennigan LLP, and Defendants Sensei International, LLC 3 (“Sensei”) and Omar Khan (“Khan,” and together with Sensei and Sinegal, the “Parties”) and their 4 attorneys Miller Nash Graham & Dunn LLP, that the Court may enter the attached Stipulated Final 5 Judgment. 6 IT IS HEREBY FURTHER STIPULATED AND AGREED by and among the Parties that: 7 1. This Court has personal jurisdiction over them and each of them for purposes of this 8 action only. Such stipulated jurisdiction is not an waiver of any defense or admission that jurisdiction 9 over Sensei or Khan is proper in other matters before any court in the State of California. 10 2. This Court has subject matter jurisdiction over this matter. 11 3. Venue as to this matter between the parties relating thereto lies in this Court. 12 4. Sinegal filed a complaint in this action on January 7, 2019 (the “Complaint”), 13 asserting four claims under California law: breach of contract; fraud; unfair business acts and 14 practices in violation of California Business & Professions Code § 17200; and untrue and misleading 15 advertising in violation of California Business & Professions Code § 17500. Sensei and Khan moved 16 to dismiss for lack of personal jurisdiction and moved to quash the summonses on April 16, 2019. 17 Sensei and Khan neither admit nor deny the allegations in the Complaint. 5. 18 The Parties stipulate that the Court may now enter judgment in favor of Sinegal and 19 against Defendants on the Complaint in the amount of $125,000. 6. 20 The Parties waive their rights to move for a new trial or to otherwise seek to set aside 21 the Stipulated Final Judgment through any collateral attack, and further waive their rights to appeal 22 from the Stipulated Final Judgment, except that the Parties, and each of them, agree that this Court 23 shall retain jurisdiction for the purpose of enforcement of this Stipulation and Stipulated Final 24 Judgment only. 25 26 27 28 -2STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3 IT IS SO STIPULATED AND AGREED. 1 2 3 Dated: June 24, 2019 Respectfully submitted, 4 HUESTON HENNIGAN LLP 5 By: 6 Moez M. Kaba Attorneys for Plaintiff David Sinegal 7 8 Dated: June 24, 2019 MILLER NASH GRAHAM & DUNN LLP 9 10 By: Phillip Allan Trajan Perez Attorneys for Defendants Sensei International, LLC and Omar Khan 11 12 13 Dated: DAVID SINEGAL 14 David Sinegal Plaintiff 16 17 06/24/19 By: 15 Dated:June 20, 2019 SENSEI INTERNATIONAL, LLC 18 19 By: For Defendant Sensei International, LLC Omar Khan 20 21 22 Dated: June 20, 2019 OMAR KHAN 23 By: 24 Defendant Omar Khan 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 David Sinegal, an individual , Case No. 3:19-cv-00101-YGR Plaintiff, 5 Judge: Yvonne Gonzalez Rogers vs. 6 [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 7 Sensei International, LLC, a New York Limited Liability Company; and Omar Khan, an 8 individual, Defendants. 9 10 11 Plaintiff David Sinegal (“Sinegal”) and Defendants Sensei International, LLC (“Sensei”) 12 and Omar Khan (“Khan,” and together with Sensei and Sinegal, the “Parties”) having stipulated 13 that this Court has jurisdiction over them for the present matter: 14 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that: 15 JURISDICTION 16 1. This Court has subject matter jurisdiction under 28 U.S.C. § 1332 as the matter is 17 between citizens of different states and the amount in controversy exceeds $75,000. 18 ENTRY OF JUDGMENT 19 2. Pursuant to the Stipulation, judgment is hereby entered for Plaintiff Sinegal and 20 against Defendants Sensei and Khan in the amount of $125,000. 21 MONETARY RELIEF 22 3. Defendants Sensei and Khan are jointly and severally ordered to pay to Sinegal the 23 amount of ONE-HUNDRED AND TWENTY-FIVE THOUSAND DOLLARS USD ($125,000 24 USD). 25 RETENTION OF JURISDICTION 26 4. This Court shall retain jurisdiction of this matter only for the purpose of enabling the 27 Parties to apply to the Court, for good cause shown, for such further orders and directives as may be 28 -4STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3 1 necessary or appropriate for the enforcement of this Judgement or compliance therewith, until 2 satisfaction of the Judgment in full or for a period of one year, whichever occurs first. 3 EFFECT AND ENTRY 4 5. The parties hereby consent to entry of the foregoing Judgment which shall constitute 5 the final judgment and order in this matter. 6 6. This Judgment may be modified only by order of this Court. 7 7. The Clerk is ordered to immediately enter this Judgment. 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 Dated: ________________________ June 26, 2019 Yvonne Gonzalez Rogers United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3 1 ATTESTATION Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury 2 3 that the concurrence in the filing of this document has been obtained from the party signatories above. 4 June 24, 2019 Dated: __________ HUESTON HENNIGAN LLP 5 6 By: Moez M. Kaba 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3 1 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above and foregoing document was duly served 2 3 electronically on all known counsel of record through the Court’s Electronic Filing System on the __ Day of June, 2019. 4 25th 5 6 Moez M. Kaba 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7STIPULATION AND [PROPOSED] ORDER FOR ENTRY OF FINAL JUDGMENT 5548915 4 8 3
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