Yates et al v. Unicorn Pan Asian Cuisine et al

Filing 30

ORDER GRANTING 29 Stipulation OF DISMISSAL. Signed by Judge Jeffrey S. White on 3/19/09. (jjo, COURT STAFF) (Filed on 3/19/2009)

Case 3:08-cv-00356-JSW

Document 29

Filed 03/18/2009

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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. ) ) UNICORN PAN ASIAN CUISINE; ) WELLS FARGO BANK, N.A., (Formerly ) known as CROKET NATIONAL BANK & ) HENRY I. POPPIC, trustees of the POPPIC) TRUST); and CHAMPANGO LLC, a ) limited liability company, ) ) Defendants. ) ___________________________________ ) CASE NO. CV 08-0356-JSW 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

CV 08-0356-JSW

Case 3:08-cv-00356-JSW

Document 29

Filed 03/18/2009

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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 Rule 41(a)(1). Respectfully submitted,

Dated: March 18, 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: March 18, 2009

MARTIN H. ORLICK, JEFFER, MANGELS, BUTLER & MARMARO LLP By : /S/ Martin H. Orlick Attorneys for Defendant WELLS FARGO BANK, N.A., (Formerly known as CROKER NATIONAL BANK & HENRY I. POPPIC, trustees of the POPPIC TRUST)

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV 08-0356-JSW

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Case 3:08-cv-00356-JSW

Document 29

Filed 03/18/2009

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1 Dated: March 18, 2009 2 3 By: 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: March 19 , 2009 HONORABLE JEFFREY S. WHITE United States District Court Judge 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. /S/ H. Paul Bryant Attorneys for Defendant CHAMPANGO LLC, a limited liability Company H. PAUL BRYANT, Law Offices Of H. Paul Bryant

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV 08-0356-JSW

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