Sosa v. Mejia

Filing 42

STIPULATION and ORDER DISMISSING CASE signed by District Judge Lawrence J. O'Neill on 3/13/2012. CASE CLOSED. (Jessen, A)

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1 2 3 4 5 K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiff Jesus Sosa 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS SOSA, 12 Plaintiff, 13 14 vs. 15 GERARDO MEJIA dba MEJIA’S TACO SHOP, 16 Defendant. 17 ) No: 1:10-CV-01454-LJO-BAM ) ) ) STIPULATION FOR DISMISSAL OF ) ) ACTION; ORDER ) ) ) ) ) ) ) 18 IT IS HEREBY STIPULATED by and between Plaintiff Jesus Sosa (“Plaintiff”) and 19 Defendant Gerardo Mejia dba Mejia’s Taco Shop (“Defendant”), by and through their 20 respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant 21 Gerardo Mejia dba Mejia’s Taco Shop be dismissed with prejudice from this action. 22 IT IS FURTHER STIPULATED between Plaintiff and Defendant that this case has been 23 settled as between them and all issues and controversies have been resolved to their mutual 24 satisfaction. Plaintiff and Defendant request the Court to retain jurisdiction to enforce the terms 25 of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of 26 America, 511 U.S. 375, 381-82 (1994). 27 /// 28 /// Sosa v. Mejia, et al. Stipulation for Dismissal; [Proposed] Order Page 1 1 Date: March 13, 2012 MOORE LAW FIRM, P.C. 2 3 /s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff Jesus Sosa 4 5 6 Date: March 12, 2012 LAW OFFICE OF KEVIN SCHWIN 7 8 /s/ Kevin Schwin Kevin Schwin Attorney for Defendant Gerardo Mejia dba Mejia’s Taco Shop 9 10 11 ORDER 12 13 The parties having so stipulated, 14 IT IS HEREBY ORDERED as follows: 15 1. Plaintiff Jesus Sosa and Defendant Gerardo Mejia dba Mejia’s Taco Shop shall 16 comply with the terms of the confidential Settlement Agreement and Release in Full, the terms 17 of which are incorporated herein by reference. 18 By consent of Plaintiff Jesus Sosa and Defendant Gerardo Mejia dba Mejia’s 2. 19 Taco Shop, the Court shall retain jurisdiction in this matter for the purpose of enforcing the 20 terms of the settlement agreement. 21 22 Except as provided for in paragraphs 1 and 2 above, Gerardo Mejia dba Mejia’s 3. Taco Shop is dismissed with prejudice from this action. The clerk is directed to close this action. 23 24 25 26 27 28 IT IS SO ORDERED. /s/ Lawrence J. O’Neill March 13, 2012 Dated: UNITED STATES DISTRICT JUDGE DEAC_Signature-END: Sosa v. Mejia, et al. Stipulation for Dismissal; [Proposed] Order Page 2 1 66h44d 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 Sosa v. Mejia, et al. Stipulation for Dismissal; [Proposed] Order Page 3

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