Pulera v. F&B Inc. et al

Filing 69

STIPULATION and ORDER 68 for DISMISSAL signed by Judge Morrison C. England, Jr. on 3/8/2012. Parties have executed Settlement Agreements fully resolving issues before Court. This action is DISMISSED with prejudice and Clerk directed to CLOSE this file. Court will, however, exercise continuing jurisdiction to enforce parties' executed Settlement Agreements, if breached, until 2/1/2013 ONLY. (Marciel, M)

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TOMAS MARGAIN, (SBN 193555)
DAL BON & MARGAIN, APC
28 NORTH 1ST SUITE 700
SAN JOSE, CA 95113
TEL [phone]
FAX [phone]
[e-mail]

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ATTORNEY FOR PLAINTIFF
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JEFFREY K. RAHBECK, Bar No. 56026
120 McFaul Way
PO Box 435
Zephyr Cove, NV 89448
Telephone: [phone]
Fax:
775-588-8548
[e-mail]
Attorney for Defendants

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UNITED STATES DISTRICT COURT

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FOR DISTRICT OF NORTHERN CALIFORNIA
Case No.: 08-CV-00275 MCE-DAD

ANTHONY J. PULERA,
Plaintiff,
vs.

STIPULATION TO DISMISS WITH
PREJUDICE,COURT TO RETAIN
16 F&B, INC., MANCHESTER ENTERPRISES, JURISDICTION, AND ORDER THEREON
INC, CHARLENA MANCHESTER, CHARLES
17 MANCHESTER,
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Defendants

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F&B, INC. and MANCHESTER
ENTERPRISES, INC.,
Third Party Plaintiffs,

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vs.
TW CONSTRUCTION CO., INC.,
Third Party Defendant

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STIPULATION TO DISMISS WITH PREJUDICE
Pulera v. F&B, Inc., et al.

Case No. C08-CV-00275 MCE-DAD

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The parties through their attorneys’ of record hereby stipulate as follow:

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1.

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The parties have executed settlement agreements fully resolving the issues before

this Court.
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The Settlement Agreement between Plaintiff and Defendants F&B, INC.,

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MANCHESTER ENTERPRISES, INC, CHARLENA MANCHESTER, and CHARLES

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MANCHESTER, calls for a structured settlement with payments over time.

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3.

The parities request that the Court Dismiss with Prejudice the Plaintiffs entire

action and the third party complaint. However, the parties request that the Court exercise
continuing jurisdiction until February 1, 2013 to enforce the terms of the executed settlement
agreements if breached.

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IT IS SO STIPULATED.
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Dated: March 1, 2012

By:

/s/ TOMAS MARGAIN
Tomas Margain
Attorney for Plaintiff

Dated: March 1, 2012

By:

/s/ JEFFREY K. RAHBECK
Jeffrey K. Rahbeck
Attorney for Defendants &
Third Party Plaintiffs

Dated: March 1, 2012

By:

/s/ JOHN D. MOORE
John D. Moore
Attorney for Third Party Defendant

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.

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STIPULATION TO DISMISS WITH PREJUDICE
Pulera v. F&B, Inc., et al.

Case No. C08-CV-00275 MCE-DAD

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ORDER

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GOOD CAUSE APPEARING, pursuant to parties’ stipulation, IT IS HEREBY

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ORDERED that this Case be Dismissed with Prejudice. This dismissal is as to Plaintiff’s First

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Amended Complaint and the Third Party Complaint. All future dates on the docket are vacated.

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The Clerk of Court is directed to close the file. The Court, will, however, exercise continuing

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jurisdiction to enforce the parties’ executed settlement agreements, if breached, until February 1,

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2013 only.
IT IS SO ORDERED.

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Dated: March 8, 2012
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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STIPULATION TO DISMISS WITH PREJUDICE
Pulera v. F&B, Inc., et al.

Case No. C08-CV-00275 MCE-DAD