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DISTRICT COURT, ARAPAHOE COUNTY

STATE OF COLORADO
7325 South Potomac Street
Centennial, CO 80112
Plaintiffs: Farrah Soudani, Carol Baker, Yousef Gharbi, a
minor child by and through his parents and natural
guardians Hadj Ali Gharbi and Amee Gharbi, Julia Lauren
Vojtsek, Mike White, Jr., Michael White, Sr., individually
and as the parent and natural guardian of Paula Adams, a
minor; Joe Popovich, Jr., a minor, by and through Joseph
Popovich and Kathleen Popovich, his parents and natural
guardians; Brendan Popovich, a minor, by and through
Joseph Popovich and Kathleen Popovich, his parents and
natural guardians (2012 CV 1926, lead case);
Sandra Phillips, individually and as surviving parent of
Jessica Ghawi, decedent; Caren Teves, individually and as
surviving parent of Alex Teves, decedent; Jasmine
Kennedy; Heather Snyder; Bryson Michael Billapando;
Toni Billapando; Anggiat Mora; Rita Paulina; Prodeo et
Patria, a minor child by and through his parents and natural
guardians Anggiat Mora and Rita Paulina; Edgar Nava;
Maria Angela Carbonell; Anna Leece Romona Padilla, a
minor child by and through her parent and natural guardian
Maria Angela Carbonell; Armando Rene Padilla, a minor
child by and through his parent and natural guardian Maria
Angela Carbonell; Chelsea Lyn Sobolik; Jacqueline Fry;
Christina Blache; Stephen Barton; and Amanda Teves
(originally filed as 2013-CV-810);
Jordan Murphy; Alejandra Cardona Lamas; and Brenton
David Lowak (originally filed as 2014-CV-31829);
Thomas Teves, individually and as surviving parent of Alex
Teves, decedent (originally filed as 2014-CV-31964); and
Gloria Marie Pester (originally filed as 2014-CV-31953)
v.
Defendants: Century Theatres, Inc.; Cinemark USA, Inc.
d/b/a Century Aurora 16; and John Does 1 through 10.

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DATE FILED: August 30, 2016 3:06 PM


FILING ID: 4D453BE4E756E
CASE NUMBER: 2012CV1926

COURT USE ONLY

Case Number: 2012 CV 1926

Kevin S. Taylor, Esq., Reg. #20209


Kyle Seedorf, Esq., Reg. #33928
John M. Roche, Esq., Reg. #11586
James D. Murdock, II, Esq., Reg. #47527
Lee Mickus, Esq., Reg. #23310
Taylor|Anderson, LLP
1670 Broadway, Suite 900
Denver, CO 80202
Telephone: (303) 551-6660
Facsimile: (303) 551-6655

Div.: 202

STIPULATION FOR ORDER THEREON REGARDING WAIVER OF APPEAL,


WAIVER OF COSTS, AND DISMISSAL WITH PREJUDICE OF ALL CLAIMS
WITH REGARD TO CERTAIN PLAINTIFFS

COME NOW, in the spirit of cooperation and good faith, certain Plaintiffs in the abovestyled and named consolidated action (Moving Plaintiffs) and Defendants, Century Theaters,
Inc. and Cinemark USA, Inc., d/b/a Century Aurora 16, by and through their undersigned
counsel and stipulate as follows:
1. Moving Plaintiffs are Heather Snyder, Joe Popovich, Jr. (a minor child by and
through his parents and natural guardians Joseph Popovich and Kathleen Popovich),
Brendan Popovich (a minor child by and through his parents and natural guardians
Joseph Popovich and Kathleen Popovich), Brenton David Lowak, Amanda Teves,
Thomas Teves, Caren Teves, Anggiat Mora, Rita Paulina, Prodeo et Patria (a minor
child by and through his parents and natural guardians Anggiat Mora and Rita
Paulina), Stephen Barton, Christina Blache, Yousef Gharbi (a minor child by and
through his parents and natural guardians Hadj Ali Gharbi and Amee Gharbi), Carol
Baker, Michael White, Sr., Mike White, Jr., Paula Adams (a minor child by and
through her parent and natural guardian Michael White, Sr.), Maria Angela
Carbonell, Anna Leece Romona Padilla (a minor child by and through her parent and

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natural guardian Maria Angela Carbonell), Armando Rene Padilla (a minor child by
and through his parent and natural guardian Maria Angela Carbonell), Farrah
Soudani, Julia Lauren Vojtsek, Sandra Phillips, Bryson Michael Billapando, Toni
Billapando, Edgar Nava, and Chelsea Lyn Sobolik.1
2. Moving Plaintiffs agree to withdraw their appeal and consider this matter dismissed
with prejudice in exchange for Defendants agreement to waive and not pursue any
claim for costs against Moving Plaintiffs. Moving Plaintiffs shall file to withdraw
their appeals separately with the Colorado Court of Appeals.
WHEREFORE, Moving Plaintiffs and Defendants stipulate for entry of an Order
consistent with the foregoing namely, acknowledging that Moving Plaintiffs have withdrawn
from the Notice of Appeal, that their claims in this litigation are considered fully dismissed with
prejudice, and that Defendants have waived and will not pursue any costs in connection with
Defendants Bill of Costs in relationship to Moving Plaintiffs.

SO STIPULATED.

DATED: August 30, 2016

The group of Moving Plaintiffs does not include Plaintiffs Jasmine Kennedy, Jordan Murphy,
Alejandra Cardona Lamas, Jacqueline Fry, and Gloria Marie Pester.

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Respectfully Submitted,

/s/ Kevin S. Taylor


Kevin S. Taylor, Esq.
Kyle Seedorf, Esq.
John M. Roche, Esq.
James D. Murdock, II, Esq.
Lee Mickus, Esq.
Taylor|Anderson, LLP
1670 Broadway, Suite 900
Denver, CO 80202
Telephone:
(303) 551-6660
Facsimile:
(303) 551-6655
E-Mail:
ktaylor@talawfirm.com
kseedorf@talawfirm.com
jroche@talawfirm.com
jmurdock@talawfirm.com
lmickus@talawfirm.com
Attorneys for Defendants

/s/ Marc J. Bern


Marc J. Bern
Admitted Pro Hac Vice
Bern Ripka LLP
60 East 42nd Street, Suite 950
New York, NY 10165
Telephone: (212) 702-5000
marc@bernripka.com
Kenneth E. Citron
Klein Cot Edwards Citron LLC
101 South Mill Street, Suite 200
Aspen, CO 81611
Telephone: (970) 925-8700
kcitron@kceclaw.com
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I certify that on August 30, 2016, a true and correct copy of the forgoing
STIPULATION FOR ORDER THEREON REGARDING WAIVER OF APPEAL,
WAIVER OF COSTS, AND DISMISSAL WITH PREJUDICE OF ALL CLAIMS WITH
REGARD TO CERTAIN PLAINTIFFS was filed via ICCES and served upon the following in
the manner indicated below:
Marc J. Bern
Admitted Pro Hac Vice
Bern Ripka LLP
60 East 42nd Street, Suite 950
New York, NY 10165
Telephone: (212) 702-5000
marc@bernripka.com
(via Email)
Gloria Marie Pester
1242 Leroy Drive
Northglenn, CO 80233
(via Email)
Kenneth E. Citron
Klein Cot Edwards Citron LLC
101 South Mill Street, Suite 200
Aspen, CO 81611
Telephone: (970) 925-8700
(via ICCES and Email)
Michael J. Acosta
Admitted Pro Hac Vice
Acosta & Williams, LLC
884 Town Center Drive
Langhorne, PA 19047
macosta@acostawilliams.com
(via Email)
/s/ Amy Rock
Amy Rock

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