Ramirez et al v. Martha's Old Mexico et al

Filing 9

ORDER DISMISSING CASE, CLOSING FILE. Signed by Judge Maria-Elena James on 12/11/2008. (mejlc1, COURT STAFF) (Filed on 12/11/2008)

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Case 3:08-cv-01403-MEJ Document 8 Filed 12/11/2008 Page 1 of 3 1 2 3 4 5 6 7 8 THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, A Professional Law Corporation 4328 Redwood Hwy., Suite 300 San Rafael, CA 94903 Telephone: 415/674-8600 Facsimile: 415/674-9900 Attorneys for Plaintiffs IRMA RAMIREZ and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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). IRMA RAMIREZ, an individual; and ) DISABILITY RIGHTS, ENFORCEMENT, ) EDUCATION, SERVICES:HELPING ) YOU HELP OTHERS, a California public ) benefit corporation, ) ) Plaintiffs, ) ) v. ) ) MARTHA'S OLD MEXICO; PETER R. ) BARBIERI and JUDITH A BARBIERI, as ) trustees of the PETER R. BARBIERI and ) JUDITH A BARBIERI FAMILY TRUST; ) MARTHA LETICIA LOPEZ and ELVIA ) LOBATO, individuals dba MARTHA'S ) OLD MEXICO, ) ) Defendants. ) ___________________________________ ) CASE NO. CV-08-1403-MEJ STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON Case 3:08-cv-01403-MEJ Document 8 Filed 12/11/2008 Page 2 of 3 Case 3:08-cv-01403-MEJ Document 8 Filed 12/11/2008 Page 3 of 3 1 ORDER 2 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 3 Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for 4 the purpose of enforcing the parties' Settlement Agreement and General Release should such 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Honorable MARIA-ELENA JAMES Chief United States Magistrate Judge DATED: December 11 , 2008 enforcement be necessary. The Clerk of Court shall close the file. STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON -3-

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