J & J Sports Productions, Inc. v. Rodriguez et al

Filing 7

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 4/15/2014 ORDERING that this action is DISMISSED pursuant to the parties' stipulation and Federal Rule of Civil Procedure 41. The parties request that the Court reserve jurisdiction to enforce the settlement agreement. The Court does so as stipulated, but only to the extent permitted by law. The Clerk of the Court is ORDERED to CLOSE this case. CASE CLOSED. (Zignago, K.)

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1 2 3 4 5 6 Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. First Library Square 1114 Fremont Avenue South Pasadena, CA 91030-3227 Tel: 626-799-9797 Fax: 626-799-9795 TPRLAW@att.net Attorneys for Plaintiff J & J Sports Productions, Inc. 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 J & J SPORTS PRODUCTIONS, INC., 11 Plaintiff, 12 vs. 13 14 JOSE URIBE RODRIGUEZ, et al., CASE NO. 2:13-cv-02527-MCE--CKD STIPULATION OF DISMISSAL OF PLAINTIFF’S COMPLAINT AGAINST DEFENDANTS JOSE URIBE RODRIGUEZ, Individually and d/b/a BETO'S TAQUERIA; and ALJOS, INC., an unknown business entity d/b/a BETO'S TAQUERIA Defendants. 15 16 17 IT IS HEREBY STIPULATED by and between Plaintiff J & J SPORTS PRODUCTIONS, 18 INC. and Defendants JOSE URIBE RODRIGUEZ, individually and d/b/a BETO'S TAQUERIA, that 19 the above-entitled action is hereby dismissed without prejudice against JOSE URIBE RODRIGUEZ, 20 21 22 23 24 Individually and d/b/a BETO'S TAQUERIA; and ALJOS, INC., an unknown business entity d/b/a BETO'S TAQUERIA, and subject to the Court’s jurisdiction to enforce the settlement agreement reached between the Parties. IT IS FURTHER STIPULATED that provided no Party referenced above has filed a motion to reopen this action by January 20, 2015, this Court shall not have jurisdiction to set aside the dismissal and the dismissal shall be deemed to be with prejudice. 25 /// 26 /// 27 /// 28 STIPULATION OF DISMISSAL 2:12-cv-07634-WDK-FMO PAGE 1 This dismissal is made pursuant to Federal Rules of Civil Procedure 41(a)(1). Each Party 1 2 referenced-above shall bear its own attorneys’ fees and costs. 3 4 Dated: February 12, 2014 LAW OFFICES OF THOMAS P. RILEY, P.C. By: Thomas P. Riley Attorneys for Plaintiff J & J SPORTS PRODUCTIONS, INC. 5 6 7 8 Dated: JOSE URIBE RODRIGUEZ individually and d/b/a BETO'S TAQUERIA (Defendant) 9 10 11 12 Dated: ALJOS, INC., d/b/a Beto’s Taqueria 13 14 ORDER 15 16 This action is DISMISSED pursuant to the parties’ above stipulation, ECF No. 6, and Federal 17 Rule of Civil Procedure 41. The parties request that the Court reserve jurisdiction to enforce the 18 settlement agreement. The Court does so as stipulated, but only to the extent permitted by law. See 19 Keeling v. Sheet Metal Workers Int'l Ass'n (9th Cir. 1991) 937 F2d 408, 410; compare Delay v. 20 Gordon, 475 F.3d 1039, 1045 n.11 (9th Cir. 2007) with In re Hunter, 66 F.3d 1002, 1006 (9th Cir. 21 1995). The Clerk of the Court is ORDERED to CLOSE this case. 22 23 IT IS SO ORDERED. Dated: April 15, 2014 24 25 26 27 28 STIPULATION OF DISMISSAL 2:12-cv-07634-WDK-FMO PAGE 2

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