Chapman v. ARCO AM/PM 6078 et al

Filing 13

STIPULATION OF DISMISSAL AND ORDER signed by District Judge Troy L. Nunley on 6/2/15. IT IS HEREBY ORDERED that this matter is DISMISSED with prejudice pursuant to FRCP 41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary. CASE CLOSED. (Meuleman, A)

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THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
Facsimile:

415/444-5800
415/444-5805

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Attorney For BYRON CHAPMAN,

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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BYRON CHAPMAN,

)
)
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Plaintiff,
)
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vs.
)
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ARCO AM/PM 6078; BP WEST COAST )
)
PRODUCTS LLC, a Delaware Limited
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Liability Company; and MADISON
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AVENUE P&L ENTERPRISES, INC., a
)
California Corporation dba ARCO AM/PM )
)
6078,
)
)
Defendants.
)
)

CASE NO. 2:14-CV-00315-TLN-EFB

STIPULATION OF DISMISSAL
AND ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal of this action

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in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the

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Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own

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costs and attorneys’ fees. The parties further consent to and request that the Court retain

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jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511
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U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of
settlement agreements).

STIPULATION OF DISMISSAL AND ORDER THEREON

CASE NO. 2:14-CV-00315-TLN-EFB
CASE NO. 2:14-CV-00315-TLN-EFB

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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through
their designated counsel that the above-captioned action become and hereby is dismissed with

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prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).
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This stipulation may be executed in counterparts, all of which together shall constitute
one original document.

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Dated: May 28, 2015
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THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
By:

/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual

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Dated: May 29, 2015

Law Offices of Matthew V. Brady
Signature
approved
5/29/15

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By:

/s/ Matthew S. Brady
Matthew V. Brady, Esq
Attorney for Defendant MADISON AVENUE P&L
ENTERPRISES, INC., a California Corporation dba
ARCO AM/PM 6078.

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Dated: May 28, 2015

ALSTON & BIRD LLP
Signature
approved
5/28/15

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By: /s/ Deborah Yoon Jones
Deborah Yoon Jones
Attorney for Defendant BP WEST COAST
PRODUCTS LLC, a Delaware Limited Liability
Company

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STIPULATION OF DISMISSAL AND ORDER THEREON

CASE NO. 2:14-CV-00315-TLN-EFB
CASE NO. 2:14-CV-00315-TLN-EFB

ORDER

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IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to

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Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for

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the purpose of enforcing the parties’ Settlement Agreement and General Release should such

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enforcement be necessary.
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Dated: June 2, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION OF DISMISSAL AND ORDER THEREON

CASE NO. 2:14-CV-00315-TLN-EFB
CASE NO. 2:14-CV-00315-TLN-EFB