Jankey et al v. King of Thai Noodle House et al

Filing 24

ORDER DISMISSING CASE. Signed by Judge Charles R. Breyer on 6/10/09. (be, COURT STAFF) (Filed on 6/11/2009)

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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 LES JANKEY 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 The parties, by and through their respective counsel, stipulate to dismissal of this action 20 in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the 21 Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own 22 costs and attorneys' fees. The parties further consent to and request that the Court retain 23 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 24 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of 25 settlement agreements). 26 /// 27 /// 28
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON JANKEY v. KING OF THAI NOODLE HOUSE

LES JANKEY, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation,

) ) ) ) ) ) Plaintiffs, ) ) v. ) ) KING OF THAI NOODLE HOUSE; LING ) K. KWOK; and CLEMENT STREET, INC.) a California corporation, ) ) Defendants, ) ) ___________________________________ )

CASE NO. CV-08-01876-CRB STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON JANKEY v. KING OF THAI NOODLE HOUSE

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: June 8, 2009

THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION By: /s/ Thomas E. Frankovich Attorneys for Plaintiffs LES JANKEY, and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES

Dated: June 9, 2009

JANET BRAYER, LAW OFFICES OF JANET BRAYER By : // Janet Brayer Attorneys for Defendant 639 CLEMENT STREET, INC.

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Dated: June 8, 2009

LISA R. ROBERTS, McNamara, Dodge, Ney Beatty, et al. LLP

By: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 DATED: June 10 , 2009

// Lisa R. Roberts Attorneys for Defendant LING K. KWOK

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.

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Honorable Charles R. Breyer United States District Judge RED RDE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON JANKEY v. KING OF THAI NOODLE HOUSE

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