Yates et al v. Winter Properties et al

Filing 21

ORDER DISMISSING CASE. Signed by Judge James Larson on 11/26/08. (wh, COURT STAFF) (Filed on 11/26/2008)

1 2 3 4 5 6 7

THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A Professional Law Corporation 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: [phone] Facsimile: 415/674-9900 Attorneys for Plaintiffs CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES UNITED STATES DISTRICT COURT

8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) CRAIG YATES, an individual; and DISABILITY RIGHTS, ENFORCEMENT, ) ) EDUCATION, SERVICES:HELPING YOU HELP OTHERS, a California public ) ) benefit corporation, ) ) Plaintiffs, ) ) v. ) ) WINTER PROPERTIES a general Californai partnership; ANDRADE LUZ ) ) BEATRICE and ARMANDO ROBLES CORONEL, individuals dba TAQUERIA ) ) EL CORONEL, ) ) Defendants. ) ___________________________________ CASE NO. CV-07-02657-JL STIPULATION OF DISMISSAL AND [PROPOSED] 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)(1). 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 the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements). /// ///
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: 11-26 , 2008

ORDER IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). 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.

Honorable James Larson Chief United States Magistrate Judge

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

-3-