Yates et al v. Manitsas

Filing 27

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 12/16/11. (klhS, COURT STAFF) (Filed on 12/19/2011)

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THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
415/444-5800
Facsimile:
415/444-5805
Attorneys for Plaintiffs
CRAIG YATES, an individual; and
DISABILITY RIGHTS, ENFORCEMENT,
EDUCATION, SERVICES:HELPING
YOU HELP OTHERS, a California
public benefit corporation,

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

11 CRAIG YATES, an individual; and
)
DISABILITY RIGHTS, ENFORCEMENT, )
12 EDUCATION, SERVICES:HELPING YOU )
HELP OTHERS, a California public benefit )
13 corporation,
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Plaintiffs,
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16 CHRIS S. MANITSAS, TRUSTEE OF THE )
GEORGE MANITSAS TRUST,
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Defendant.
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18 ___________________________________ )

CASE NO. CV-09-0310-JCS
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal of this action in

21 its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the
22 Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
23 costs and attorneys’ fees. The parties further consent to and request that the Court retain
24 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S.
25 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement
26 agreements).
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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through

28 their designated counsel that the above-captioned action be and hereby is dismissed with prejudice
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-09-0310-JCS

1 pursuant to Federal Rules of Civil Procedure section 41(a)(1).
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This stipulation may be executed in counterparts, all of which together shall constitute one

3 original document.
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5 Dated: December 14, 2011

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual; and
DISABILITY RIGHTS, ENFORCEMENT,
EDUCATION, SERVICES:HELPING YOU HELP
OTHERS, a California public benefit corporation

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By:

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12 Dated:December 14, 2011

BRADLEY & GMELICH

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/s/ G. Dean Guerrero, Esq.
G. Dean Guerrero, Esq
Attorneys for CHRIS S. MANITSAS, TRUSTEE OF
THE GEORGE MANITSAS TRUST
By:

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ORDER

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IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to

21 Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
22 purpose of enforcing the parties’ Settlement Agreement and General Release should such

R NIA

pero

S
seph C.

Judge Jo

LI

Honorable Magistrate Judge Joseph C. Spero
ER
UNITED STATE DISTRICT JUDGE
C
A

H

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RT

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NO

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FO

December 16
25 Dated: _____________, 2011

UNIT
ED

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23 enforcement be necessary.

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F
D IS T IC T O
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-09-0310-JCS
-2-