River City Bank v. Shirk, et al.,

Filing 13

ORDER OF DISMISSAL signed by Judge Morrison C. England, Jr on 8/12/10: The Clerk of Court is directed to close the file. Civil Case Terminated. (Kaminski, H)

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 The Court is in receipt of the Parties' Stipulation for RIVER CITY BANK, a California corporation, ) No.: 2:10-CV-00853-MCE-KJN ) ) ORDER OF DISMISSAL Plaintiff, ) ) vs. ) ) ) CRAIG SHIRK, an individual; LINDA ) ) DOLLAHAN SHIRK, an individual; RICHARD FRIEDMAN, an individual; ) ) SCOTT FRIEDMAN, an individual; BOB THOMAS, an individual; CAROL ) THOMAS, an individual; and DOES 1 ) ) through 50, inclusive, ) Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Dismissal, filed July 28, 2010.

The parties

ask that Defendants Bob Thomas, Carol Thomas, Richard Friedman and Scott Friedman be dismissed from this action, with prejudice. regard to the remaining two Defendants, Craig Shirk and With Linda

Dollahan Shirk ("the Shirks"), counsel have advised the Court that a 1
[PROPOSED] ORDER RE: RETENTION OF JURISDICTION [FRCP Rule 41]

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settlement agreement has been reached under the terms of which the Shirks will pay monthly payments to Plaintiff for a period of sixty (60) months, ending on July 20, 2010. See Docket No. 11.

The parties ask this case retain jurisdiction and keep the case open until the Shirks' monthly payment obligations under the

settlement agreement have been exhausted. Keeping this case open in order to monitor the Shirks' Given been

compliance with the settlement agreement is not necessary. the parties' representation that this matter has otherwise

resolved, this case is dismissed in its entirety. retain jurisdiction to enforce the terms of the

The Court will settlement, if

necessary, and will reopen the case as appropriate if non-compliance occurs and intervention is indeed indicated. In the meantime,

however, the Clerk of Court is directed to close the file. IT IS SO ORDERED. DATED: August 12, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER RE: RETENTION OF JURISDICTION [FRCP Rule 41]

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