Ramirez et al v. Foster Freeze Santa Rosa et al

Filing 12

ORDER APPROVING STIPULATION OF DISMISSAL. This matter is dismissed with prejudice. The Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary. Signed by Judge Maxine M. Chesney on December 27, 2010. (mmclc1, COURT STAFF) (Filed on 12/27/2010)

Ramirez et al v. Foster Freeze Santa Rosa et al

Doc. 12

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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: [phone] Facsimile: 415/674-9900 Attorney for Plaintiffs' IRMA RAMIREZ; and Plaintiffs DAREN HEATHERLY, each an individual; UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) v. ) ) FOSTER FREEZE SANTA ROSA a.k.a., ) THOMAS J. PINKERTON; and ) GERALDINE PINKERTON, ) ) ) ) Defendants. ) ) ) ___________________________________ ) IRMA RAMIREZ; and DAREN HEATHERLY, each an individual; CASE NO. CV-09-5497-MMC STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

The parties, by and through their respective counsel, stipulate to dismissal of this 19 action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the 20 Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own 21 costs and attorneys' fees. The parties further consent to and request that the Court retain 22 23 24 settlement agreements). 25 Therefore, IT IS HEREBY STIPULATED by and between parties to this action through 26 their designated counsel that the above-captioned action be and hereby is dismissed with 27 prejudice 28
S T I P U L A T I O N OF DISMISSAL AND [PROPOSED] ORDER THEREON C V -0 9 -5 4 9 7 -M M C

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

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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 6, 2010

THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION By: /S/ Thomas E. Frankovich Thomas E. Frankovich Attorney for Plaintiffs' IRMA RAMIREZ; and Plaintiffs DAREN HEATHERLY, each an individual

Dated: ______________, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: _____________, 2010

JAMES D. ALLEN ATTORNEY AT LAW

By: __________________________ James D. Allen Attorneys for THOMAS J. PINKERTON; and GERALDINE PINKERTON

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.

Honorable Judge Maxine M. Chesney. UNITED STATE DISTRICT JUDGE
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S T I P U L A T I O N OF DISMISSAL AND [PROPOSED] ORDER THEREON

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December 27