Johnson v. Orchard Supply Hardware Stores Corporation

Filing 7

STIPULATION AND ORDER OF DISMISSAL. Signed by Magistrate Judge Bernard Zimmerman on 11/13/2008. (bzsec, COURT STAFF) (Filed on 11/13/2008)

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THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2nd FLOOR CLAYTON, CA 94517 TELEPHONE (925) 672-8452 TELEFAX (925) 673-1729 Attorneys for David Johnson UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID JOHNSON, Plaintiff, v. ORCHARD SUPPLY HARDWARE, STORES CORPORATION, ANTIOCH PROPERTY, PARKWAY PROPERTIES 15, LLC, Defendants. __________________________________/ Case No. C 08-1308 BZ STIPULATION OF DISMISSAL; ORDER The parties hereto stipulate as follows: Orchard Supply Hardware Stores Corporation was previously dismissed from this Action. The remaining parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed. Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as C 08-1308 BZ 1 if fully set forth. The parties request the Court to retain jurisdiction for 18 months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for 18 months after the date hereof. Date: October 15, 2008 Date: November 13, 2008 S/Mark S. Julius, Attorney for Defendants IT IS SO ORDERED: S/Thomas N. Stewart, III, Attorney for Plaintiff Date: November 13, 2008 ________________________________ Judge/Magistrate C 08-1308 BZ 2

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