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STIPULATION AND [PROPOSED] ORDER RE: AMENDMENT TO THE CONSENT DECREE 

AND ORDER – CASE NO. C09-00873 JSW

Gordon & ReesLLP

275 Battery Street, Suite 2000

San Francisco, CA 94111

MICHAEL D. BRUNO (SBN: 166805)

JON C. YONEMITSU (SBN: 238961)

GORDON & REES LLP

275 Battery Street, Suite 2000

San Francisco, CA 94111

Telephone: (415) 986-5900

Facsimile: (415) 986-8054

mbruno@gordonrees.com

jyonemitsu@gordonrees.com

Attorneys for Defendants

GARIBALDI’S ON PRESIDIO, INC., JOHN HURLEY, 

EDWARD S. NG, KI LAU, MABEL NG AND DAVID N. NG

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PATRICIA BERNE,

Plaintiff,

vs.

GARIBALDI’S ON PRESIDIO, INC.; JOHN 

HURLEY; EDWARD S. NG; KI LAU; MABEL 

NG; DAVID N. NG; and DOES 1-10, Inclusive,

Defendants.

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CASE NO. C09-00873 JSW

STIPULATION AND [PROPOSED] 

ORDER RE: AMENDMENT TO 

THE CONSENT DECREE AND 

ORDER 

Plaintiff PATRICIA BERNE (“Plaintiff”) and Defendants GARIBALDI’S ON 

PRESIDIO, INC., JOHN HURLEY, EDWARD S. NG, KI LAU, MABEL NG and DAVID N. 

NG (collectively referred to as “Defendants”), through their attorneys of record, hereby stipulate 

to amend the Consent Decree and Order filed in this matter as follows:

1. On February 8, 2010, the parties filed a Consent Decree and [Proposed] Order 

with the Court memorializing the terms of the settlement agreement the parties reached in 

resolution of this matter, prior to trial. 

2. Pursuant to the parties stipulation and good cause appearing, the Court signed the 

Consent Decree and issued and Order consistent with the terms of the Consent Decree on 

February 17, 2010. A copy of the executed Consent Decree and Order is attached hereto as 

Exhibit 1.

Case 3:09-cv-00873-JSW Document 14 Filed 03/09/10 Page 1 of 2 Case3:09-cv-00873-JSW Document13 Filed03/09/10 Page1 of 2
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STIPULATION AND [PROPOSED] ORDER RE: AMENDMENT TO THE CONSENT DECREE 

AND ORDER – CASE NO. C09-00873 JSW

Gordon & ReesLLP

275 Battery Street, Suite 2000

San Francisco, CA 94111

3. The “Exhibit B” to the previously filed Consent Decree and Order was purported 

to be the agreed upon deficiency list documenting the matters subject to remedial work in this 

case. 

4. Following the execution of the Consent Decree and Order by the Court, the 

parties recognized that Exhibit B was not the correct, most current version of the deficiency list. 

The error was due to a mutual oversight that went unrecognized.

5. To correct this oversight, and to accurately and properly memorialize the terms of 

the settlement agreement reached by the parties, the parties hereby stipulate and request the 

Court amend the Consent Decree and Order by incorporating the correct and agreed upon 

deficiency list. The correct agreed upon deficiency list is attached hereto as Exhibit 2.

6. The parties agree that the scope of the remedial work to be completed by the 

Defendants is that contained in Exhibit 2.

IT IS SO STIPULATED.

Dated: March 8, 2010 GORDON & REES LLP

/s/ Jon C. Yonemitsu

By:

JON C. YONEMITSU

Attorneys for Defendants

GARIBALDI’S ON PRESIDIO, INC., 

JOHN HURLEY, EDWARD S. NG, KI LAU, 

MABEL NG and DAVID N. NG

Dated: March 8, 2010 LAW OFFICES OF PAUL L. REIN

/s/ Paul L. Rein

By:

PAUL L. REIN

Attorneys for Plaintiff

PATRICIA BERNE

IT IS SO ORDERED:

Dated: _________, 2010

The Honorable Jeffrey S. White

UNITED STATES DISTRICT COURT

MNTR/1057191/7615425v.1

Case3:09-cv-00873-JSW Document13 Filed03/09/10 Page2 of 2

March 9

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