Johnson v. Delao

Filing 9

ORDER DISMISSING CASE. Signed by Magistrate Judge Elizabeth D.Laporte on May 3, 2010. (edllc2, COURT STAFF) (Filed on 5/4/2010)

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THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2nd FLOOR CLAYTON, CA 94517 TELEPHONE [phone] TELEFAX [phone] Attorneys for David Johnson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID JOHNSON, Plaintiff, v. MARK ANTHONY DELAO, Defendants. __________________________________/

Case No. C 09-762 EDL STIPULATION OF DISMISSAL; ORDER

The parties hereto stipulate as follows: The 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 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 C 09-762 EDL 1

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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: September 16, 2009 Date: September 17, 2009

S/Cesar A. Alvarado, Attorney for Defendant

S/Thomas N. Stewart, III, Attorney for Plaintiff

IT IS SO ORDERED:

Date: May 3, 2010

________________________________ Judge/Magistrate

C 09-762 EDL

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