Yates v. D.M. Jacobson & Sons, Inc.

Filing 23

ORDER by Magistrate Judge Maria-Elena James granting 22 Stipulation of Dismissal. (rmm2, COURT STAFF) (Filed on 7/24/2012)

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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:
415/674-8600
Facsimile:
415/674-9900

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Attorney For Plaintiff CRAIG YATES, an individual

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CRAIG YATES, an individual,

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Plaintiff,
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v.
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D.M. JACOBSON & SONS, INC., a.k.a. )
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JACOBSON AND SONS BUILDING
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Defendants.
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___________________________________ )

CASE NO. CV-10-0055-MEJ
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal with prejudice
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of this action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms
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of the Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its
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own costs and attorneys’ fees. The parties further consent to and request that the Court retain
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jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511
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U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of
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settlement agreements).
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE CV-10-0055-MEJ

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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through

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their designated counsel that the above-captioned action become and hereby is dismissed with

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prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).

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This stipulation may be executed in counterparts, all of which together shall constitute
one original document.

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Dated: July 19, 2012

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual

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By:

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Dated: July 23, 2012

BOWLES & VERNA LLP

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By: /s/ Jeremy C. Berla
JEREMY C. BERLA
Attorney for D.M. JACOBSON & SONS, INC.,
a.k.a. JACOBSON AND SONS BUILDING

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ORDER

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

20 Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
21 purpose of enforcing the parties’ Settlement Agreement and General Release should such
22 enforcement be necessary
23 Dated: _____________, 2012
July 24
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Honorable Magistrate Judge Maria-Elena James
UNITED STATE DISTRICT JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE CV-10-0055-MEJ

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