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STIPULATION OF DISMISSAL AND ORDER – CASE NO. 4:16-CV-07013-HSG 

849035.8

Guy B. Wallace (SBN 176151)

gwallace@schneiderwallace.com

Mark T. Johnson (SBN 76904)

mjohnson@schneiderwallace.com

SCHNEIDER WALLACE

COTTRELL KONECKY LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

(415) 421-7100; (415) 421-7105 (Fax)

Linda M. Dardarian (SBN 131001)

ldardarian@gbdhlegal.com

Andrew P. Lee (SBN 245903)

alee@gbdhlegal.com

Katharine L. Fisher (SBN 305413)

kfisher@gbdhlegal.com

GOLDSTEIN, BORGEN, DARDARIAN & HO

155 Grand Avenue, Suite 900 

Oakland, CA 94612

(510) 763-9800; (510) 835-1417 (Fax)

Adam B. Wolf (SBN 215914)

awolf@peifferwolf.com 

Catherine Cabalo (SBN 248198)

ccabalo@peifferwolf.com

PEIFFER WOLF CARR KANE CONWAY & WISE

4 Embarcadero Center, 14th Floor

San Francisco, CA 94111

(415) 766-3592; (415) 402-0058 (Fax)

Attorneys for Plaintiffs and the Certified Classes

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

ABDUL NEVAREZ and PRISCILLA NEVAREZ, 

on behalf of themselves and all others similarly 

situated, and SEBASTIAN DEFRANCESCO, 

Plaintiffs,

vs.

FORTY NINERS FOOTBALL COMPANY, LLC, 

a Delaware limited liability company, et al.,

Defendants.

Case No.: 4:16-cv-07013-HSG 

STIPULATION OF DISMISSAL AND 

ORDER 

Dept: Courtroom 8

Before: Hon. Haywood S. Gilliam

Case 4:16-cv-07013-HSG Document 475 Filed 02/22/22 Page 1 of 5 Case 4:16-cv-07013-HSG Document 477 Filed 02/23/22 Page 1 of 5
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1 

STIPULATION OF DISMISSAL AND ORDER – CASE NO. 4:16-CV-07013-HSG 

849035.8

THIS STIPULATION is hereby entered into by and between Plaintiffs Abdul Nevarez, 

Priscilla Nevarez, and Plaintiff Sebastian DeFrancesco on behalf of themselves and all others similarly 

situated (collectively, “Plaintiffs”); Defendants Forty Niners Football Company LLC, Forty Niners SC 

Stadium Company LLC, Forty Niners Stadium Management Company LLC (collectively, the “Forty 

Niners”), the City of Santa Clara, and the Santa Clara Stadium Authority (collectively, “Santa Clara”); 

and Third-Party Defendant Turner Devcon, Joint Venture (collectively, the “Parties”), by and through 

their respective counsel of record, as follows: 

WHEREAS, on July 23, 2020, the Court, the Honorable Lucy H. Koh presiding, issued an 

order granting final approval of the Plaintiffs’ and Defendants’ settlement in this case (ECF No. 416, 

“Final Approval Order”) in which the Court directed the Parties to implement the Settlement 

Agreement (submitted at ECF No. 375-2) according to its terms and provisions; 

WHEREAS, the Court’s Final Approval Order dismissed this Action “on the merits and with 

prejudice as to the Released Claims, without fees or costs to any Party except as otherwise provided in 

the Court’s Order on Plaintiffs’ Motion for Reasonable Attorneys’ Fees, Costs and Expenses, and the 

Settlement Agreement,” see ECF No. 416 at 7:21-24 (paragraph 15); 

WHEREAS, the Final Approval Order also provided that “[i]n accordance with the terms of 

the Settlement Agreement, the Court shall maintain continuing jurisdiction over Plaintiffs, the Class 

Members, Defendants, and the Settlement Agreement throughout the term of the Settlement 

Agreement, for the purpose of supervising the implementation, enforcement, construction, and 

interpretation of the Settlement Agreement and this Order, through the term of the Settlement 

Agreement. In that regard, any challenges to the Settlement Agreement’s terms or implementation, 

whether under state or federal law, shall be subject to the exclusive and continuing jurisdiction of this 

Court.” See id. at 7:14-20 (paragraph 14); 

WHEREAS, the Court entered judgment and ordered the case closed on July 23, 2020 (ECF 

No. 417), but subsequently vacated the judgment in light of the pending third-party complaint filed by 

Defendants against Third-Party Defendant Turner/Devcon, see ECF No. 420; 

WHEREAS, the Court held a Case Management Conference on February 8, 2022; 

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STIPULATION OF DISMISSAL AND ORDER – CASE NO. 4:16-CV-07013-HSG 

849035.8

WHEREAS, the Court directed the parties “to meet and confer to determine whether the case 

can be closed while the parties implement the settlement agreement” and, if the Parties reach 

agreement, to file by February 22, 2022 “a stipulated dismissal that clarifies that the Court retains 

jurisdiction over any disputes arising out of the implementation of the settlement agreement” (ECF No. 

473); 

WHEREAS, Defendants and Third-Party Defendants entered into a settlement conditioned 

upon said settlement being found in good faith. 

WHEREAS, on February 10, 2022, this Court granted Third-Party Defendant’s motion for 

good faith settlement determination;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the 

undersigned that: 

1. Pursuant to Federal Rules of Civil Procedure 23(e), the Court shall dismiss this case with

prejudice and close the case.

2. In accordance with the terms of the Settlement Agreement, the Court shall maintain continuing

jurisdiction over Plaintiffs, the Class Members, Defendants, and the Settlement Agreement

throughout the term of the Settlement Agreement, for the purpose of supervising the

implementation, enforcement, construction, and interpretation of the Settlement Agreement and

the Court’s Orders, through the term of the Settlement Agreement including, but not limited to,

entering orders pursuant to stipulation or considering any motions for modifications to the

Settlement Agreement including, but not limited to, modifications regarding deadlines for

completion of Defendants’ remediation efforts. In that regard, any challenges to the Settlement

Agreement’s terms or implementation, whether under state or federal law, shall be subject to

the exclusive and continuing jurisdiction of this Court.

3. The court further retains jurisdiction over the settlement between Defendants and Third-Party

Defendant for the sole purpose of enforcing said settlement if necessary.

It is so stipulated.

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STIPULATION OF DISMISSAL AND ORDER – CASE NO. 4:16-CV-07013-HSG 

849035.8

Dated: February 22, 2022 Respectfully submitted,

GOLDSTEIN, BORGEN, DARDARIAN & HO

/s/ Andrew P. Lee

Andrew P. Lee 

Attorneys for Plaintiffs and the Certified Classes

Dated: February 22, 2022 RANKIN, SHUEY, RANUCCI, MINTZ, LAMPASONA & 

REYNOLDS 

/s/ Maria Lampasona

Maria Lampasona

Attorneys for Defendants 

FORTY NINERS FOOTBALL COMPANY LLC, FORTY 

NINERS SC STADIUM COMPANY, LLC, FORTY 

NINERS STADIUM MANAGEMENT COMPANY, LLC, 

CITY OF SANTA CLARA, SANTA CLARA STADIUM 

AUTHORITY

Dated: February 22, 2022 O’HARA CREECH LLP

/s/ Randall C. Creech

Randall C. Creech

Attorneys for Third Party Defendant 

TURNER/DEVCON, a JOINT VENTURE

SIGNATURE ATTESTATION

The e-filing attorney hereby attests that concurrence in the content of the document and 

authorization to file the document has been obtained from each of the other signatories indicated by a 

conformed signature (/s/) within this e-file document. 

Dated: February 22, 2022 /s/ Andrew P. Lee

Andrew P. Lee 

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4 

STIPULATION OF DISMISSAL AND ORDER – CASE NO. 4:16-CV-07013-HSG 

849035.8

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: __________________________

Hon. Haywood S. Gilliam, Jr.

United States District Judge 

Case 4:16-cv-07013-HSG Document 475 Filed 02/22/22 Page 5 of 5

2/23/2022

Case 4:16-cv-07013-HSG Document 477 Filed 02/23/22 Page 5 of 5