Yates et al v. King of Thai Noodle #2 Inc. et al

Filing 24

STIPULATION AND ORDER OF DISMISSAL (whalc2, COURT STAFF) (Filed on 12/17/2008)

Case 3:08-cv-01877-WHA

Document 23

Filed 12/16/2008

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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 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

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

) ) ) ) ) ) Plaintiffs, ) ) v. ) ) KING OF THAI NOODLE #2 INC., a ) California corporation; LAW SZE CHING; ) and CHAN WEI YUNG ) ) Defendants, ) ) ___________________________________ )

CASE NO. CV-08-1877-WHA STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

Case 3:08-cv-01877-WHA

Document 23

Filed 12/16/2008

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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: December 16, 2008

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

Dated: December 16, 2008

JANET BRAYER, LAW OFFICES OF JANET BRAYER By : /s/ Janet Brayer Attorneys for Defendants KING OF THAI NOODLE #2, INC.

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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Case 3:08-cv-01877-WHA

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Filed 12/16/2008

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Dated: December 16, 2008

JETHRO S. BUSCH, STEVEN ADAIR MAC DONALD & ASSOCIATES, P.C. By : /s/ Jethro S. Busch Attorneys for Defendants SZE CHING LAW, and WEI YUNG CHAN (sued as LAW SZE CHING; and CHAN WEI YUNG)

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ORDER 8 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 9 Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for 10 the purpose of enforcing the parties' Settlement Agreement and General Release should such 11 enforcement be necessary.
UNIT ED
S DISTRICT TE C TA

RT U O

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 17 , 2008

S

Honorable William Alsup ER United States District Judge F C N
H
D IS T IC T O R

The Court shall retain jurisdiction over this matter for one year only.

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FO

Judge W

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ERED O ORD D IT IS S DIFIE AS MO

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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