Chapman v. Togo's, et al.

Filing 26

STIPULATION OF DISMISSAL AND ORDER THEREON signed by Chief Judge Morrison C. England, Jr on 12/1/15 ORDERING that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys' fe es. 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. In the meantime, the Clerk of the court is directed to close this case. CASE CLOSED(Becknal, R)

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THOMAS E. FRANKOVICH (S.B.N. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
1832-A Capitol Street
Vallejo, CA 94590
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorney for Plaintiff

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) CASE NO. 2:14-CV-00330-MCE-EFB
)
)
Plaintiff,
) STIPULATION OF DISMISSAL AND
) ORDER THEREON
v.
)
)
TOGO’S; JOSEPH LUKSICH and
)
NORMA LUKSICH, Trustees under THE )
LUKSICH FAMILY TRUST, dated
)
)
January 3, 1991; LOUIE J. CROCE and
ANNA M. CROCE, Trustees under THE )
CROCE FAMILY TRUST, dated May 2, )
)
1991; and FARR HOLDINGS
)
CORPORATION, a California Corporation )
)
dba TOGO’S/BASKIN ROBBINS,
BYRON CHAPMAN,

Defendants.

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

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

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

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own costs and attorneys’ fees.

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The parties further consent to and request that the Court retain jurisdiction over

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enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994)

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STIPULATION OF DISMISSAL AND ORDER

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(empowering the district courts to retain jurisdiction over enforcement of settlement

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agreements).

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Therefore, IT IS HEREBY STIPULATED by and between the parties to this action

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through their designated counsel that the above-captioned action become and hereby is

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dismissed with prejudice.

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This stipulation may be executed in counterparts, all of which together shall
constitute one original document.
Respectfully Submitted,

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Dated: November 20, 2015

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THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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By: /s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiff Byron Chapman

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Dated: November 20, 2015

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By: /s/ Servando R. Sandova
Servando R. Sandova, Attorney for Defendants
JOSEPH LUKSICH and NORMA LUKSICH,
Trustees under THE LUKSICH FAMILY
TRUST, dated January 3, 1991; LOUIE J.
CROCE and ANNA M. CROCE, Trustees
under THE CROCE FAMILY TRUST, dated
May 2, 1991

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Dated: November 20, 2015

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PAHL & MCCAY

//

PORTER │SCOTT
A Professional Law Corporation
By: /s/ William E. Camy
William E. Camy Attorneys for Defendants
FARR HOLDINGS CORPORATION

//

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STIPULATION OF DISMISSAL AND ORDER

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November 20, 2015

TRAINER FAIRBROOK

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By: /s/ Daniel M. Steinberg
Daniel M. Steinberg
Attorney for Counter-Defendant/CounterClaimant CMD Services, Inc.

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ORDER

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It is hereby ordered that this matter is dismissed with prejudice pursuant to
Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys’ fees. It is further
ordered that the Court shall retain jurisdiction for the purpose of enforcing the parties’

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Settlement Agreement and General Release should such enforcement be necessary. In the

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meantime, the Clerk of the court is directed to close this case.

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IT IS SO ORDERED.
Dated: December 1, 2015

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STIPULATION OF DISMISSAL AND ORDER