Loskot v. Magnolia Holdings LLC et al

Filing 12

STIPULATION and ORDER of DISMISSAL signed by Senior Judge William B. Shubb on 06/25/15 ORDERING this matter is DISMISSED with prejudice pursuant to Fed.R.Civ.P.41(a)(2). The Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary. CASE CLOSED (Benson, A)

THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA
94903
Telephone: [phone]
Facsimile:
415/674-9900
[e-mail]
Attorney For Plaintiff , MARSHALL LOSKOT

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

)
)
)
Plaintiffs,
)
)
)
v.
)
)
)
MAGNOLIA HOLDINGS LLC, a
)
California Limited Liability Co., dba
)
OAK RIVER REHABILITATION; and )
3300 FRANKLIN STREET LLC,
)
)
Defendants.
)
)
__________________________________ )
_
MARSHALL LOSKOT

CASE NO. 2:14-cv-02056 WBS-CKD
STIPULATION OF DISMISSAL AND
ORDER THEREON

The parties, by and through their respective counsel, stipulate to dismissal of this action in
its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the
Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
costs and attorneys’ fees.
///
///
///
The parties further consent to and request that the Court retain jurisdiction over enforcement of

1 Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the
the
district courts to retain jurisdiction over enforcement of settlement agreements).
2
3Therefore, 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 prejudice
4
pursuant to Federal Rules of Civil Procedure 41(a)(2).
5
6This stipulation may be executed in counterparts, all of which together shall constitute one
7
original document.
8
Dated: June 17, 2015
9

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

10
11
12

By: /s/ Thomas E Frankovich
Thomas E. Frankvoich
Attorney for Plaintiff MARSHALL LOSKOT

13
14
Dated: June 17, 2015

WILSON GETTY LLP

15
16
17
18

By: /S/ Mark Ginella
MARK A. GINELLA
Attorney for Defendants MAGNOLIA HOLDINGS LLC, a
California Limited Liability Co., dba OAK RIVER
REHABILITATION; and 3300 FRANKLIN STREET
LLC,

19
20
21
22
23
24
25
26
27
28
ORDER
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. 2:14-cv-02056 WBS-CKD

-2-

1
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to
2
Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
3
purpose of enforcing the parties’ Settlement Agreement and General Release should such
4
enforcement be necessary.
5
Dated: June 25, 2015
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. 2:14-cv-02056 WBS-CKD

-3-