Mays et al v. Hi Way 99 Industrial Sites, LLC

Filing 11

STIPULATION of DISMISSAL and ORDER 10 signed by Judge John A. Mendez on 9/12/11 ORDERING this case DISMISSED with prejudice pursuant to FRCP 41(a)(2). CASE CLOSED (Kastilahn, A)

THOMAS N. STEWART, III - #88128
ATTORNEY AT LAW
369 BLUE OAK LANE, 2nd FLOOR
CLAYTON, CA 94517
TELEPHONE [phone]
TELEFAX [phone]
Attorneys for Raymond Mays
and Michael Carr

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

RAYMOND MAYS and
MICHAEL CARR,

Case No. 2:10-1560 JAM-GGH
STIPULATION OF DISMISSAL; ORDER

Plaintiffs,
v.
HI WAY 99 INDUSTRIAL SITES,
LLC,
Defendant.
__________________________________/
The parties hereto stipulate as follows:
The parties have reached a full and final settlement of all issues in this action. A
Settlement Agreement between the parties has been fully executed.
Some parts of the Settlement Agreement are to be performed in the future. The parties
shall comply with their Settlement Agreement, a copy of which is incorporated by reference as
if fully set forth. The parties request the Court to retain jurisdiction for 18 months from the date
hereof in order to enforce the terms of the Settlement Agreement under the authority of

2:10-1560 JAM-GGH

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Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).
Although the parties are hereby dismissing this action with prejudice, they agree that the
Court will retain jurisdiction over this action and the parties hereto in order to be able to
enforce the terms of the Settlement Agreement.
IT IS HEREBY STIPULATED by and between the parties to this action through their
designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP
41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for
18 months after the date hereof.
Date: September 12, 2011

Date: September 12, 2011

S/Christopher K. Eley,
Attorney for Defendants

S/Thomas N. Stewart, III,
Attorney for Plaintiffs

IT IS SO ORDERED:

Dated: September 12, 2011

2:10-1560 JAM-GGH

/s/ John A. Mendez
U. S. DISTRICT COURT JUDGE

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