Yates et al v. Red's Recovery Room Inc. et al

Filing 30

STIPULATION AND ORDER DISMISSING CASE with prejudice. Signed by Judge Joseph C. Spero on 1/26/09. (klh, COURT STAFF) (Filed on 1/26/2009)

Case 3:07-cv-04395-JCS

Document 29

Filed 01/23/2009

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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. ) ) RED'S RECOVERY ROOM, INC., a ) California corporation; and TOWNSEND ) ) CAPITAL PARTNERS, LLC ) ) Defendants ___________________________________ ) CASE NO. CV-07-4395-JCS 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

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Case 3:07-cv-04395-JCS

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Filed 01/23/2009

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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 be and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure section 41(a)(1). This stipulation may be executed in counterparts, all of which together shall constitute one original document.

Dated: January 21, 2009

THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION By: /S/ Thomas E. Frankovich Attorneys for Plaintiffs CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES

Dated: January 23, 2009

JOHN H. FELDMANN, III Law Office of John H. Feldmann, III By : /S/ John H. Feldmann, III Attorneys for Defendant TOWNSEND CAPITAL PARTNERS, LLC

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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Case 3:07-cv-04395-JCS

Document 29

Filed 01/23/2009

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Dated: January 21, 2009

GAIL F. FLATT, Provencher & Flatt LLP By: /S/ Gail F. Flatt Attorneys for Defendant RED'S RECOVERY ROOM, INC. a California corporation

ORDER 7 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 8 Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for 9 the purpose of enforcing the parties' Settlement Agreement and General Release should such 10 enforcement be necessary. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: January 26 , 2009
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