Van Noland et al v. Pelletier et al

Filing 119

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 7/22/10 AMENDING the terms of the 116 Dismissal Order. Accordingly, pltf's 117 Motion for Correction of Order is moot. (Owen, K)

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1 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 Stevens, O'Connell & Jacobs LLP UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA MILTON CHARLES VAN NOLAND, and JOY GARNER vs. Plaintiffs, CASE NO. 2:09-cv-02035-MCEDAD AMENDED STIPULATION OF DISMISSAL; ORDER ERIC S. PELLETIER and "GRRR! LIMITED," Defendants. IT IS HEREBY STIPULATED by and between the parties to this action that the above-entitled action be and hereby is dismissed in its entirety with prejudice pursuant to FRCP 41(a)(1)(ii). The Court hereby approves the parties stipulation of dismissal dated July 12, 2010, and dismisses the action with prejudice pursuant to FRCP 41(a)(1)(ii), with the following condition: /// /// /// /// 1 STIPULATION OF DISMISSAL AND ORDER PDF created with pdfFactory trial version www.pdffactory.com 1 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 Stevens, O'Connell & Jacobs LLP The Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release, which is attached hereto as Exhibit A and incorporated by reference into this order, should such enforcement be necessary, for a period of two years beginning the date of the signing of this Order. Dated: July 13, 2010 _/s/_____________________ Milton Charles Van Noland Pro se Dated: July 13, 2010 __/s/___________________ Joy Garner Pro se Dated: July 13, 2010 ___/s/__________________ Eric Pelletier __/s/_______________________ Eric Pelletier for Grrr! Limited _/s/___________________ James P. Arguelles Attorneys for Defendant Eric Pelletier and Grrr! Limited ORDER This case has already been closed pursuant to the Stipulation and Order filed July 14, 2010. The purpose of this amended stipulation is to incorporates additional terms inadvertently not included within the original stipulation. The closure of this case remains subject to the Court's retention of jurisdiction for a period of two (2) years from the date this Order is electronically filed to enforce the settlement agreement between the parties, as necessary. /// 2 STIPULATION OF DISMISSAL AND ORDER PDF created with pdfFactory trial version www.pdffactory.com 1 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 Stevens, O'Connell & Jacobs LLP Given the entry of this Order, Plaintiff's Motion for Correction of Order (Docket No. 117) is moot and that Motion is accordingly vacated. IT IS SO ORDERED. DATED: July 22, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 3 STIPULATION OF DISMISSAL AND ORDER PDF created with pdfFactory trial version www.pdffactory.com

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