Yates v. McDonald's #1462 et al

Filing 15

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 10/04/2011. (tmi, COURT STAFF) (Filed on 10/5/2011)

1

4

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:
415/674-9900

5

CRAIG YATES, an individual

2
3

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA
)
)
)
Plaintiff,
)
)
v.
)
)
MCDONALD’S #1462; MCDONALD’S of )
HAWAII DEVELOPMENT COMPANY, a )
)
Hawaii Limited Partnership,
)
)
Defendants.
)
___________________________________ )

9 CRAIG YATES, an individual,
10
11
12
13
14
15

CASE NO. CV-10-0950-EDL (TEH)
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

16
The parties, by and through their respective counsel, stipulate to dismissal of this action in

17

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

24

25 their designated counsel that the above-captioned action be and hereby is dismissed with prejudice
26 pursuant to Federal Rules of Civil Procedure section 41(a)(1).
27 ///
28 ///
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-10-0950-EDL (TEH)

1

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

2 original document.
3
4 Dated: October 3, 2011
5

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual
By:

6
7
8
9
10
Dated: October 4, 2011

BURNHAM BROWN

11
12
By: /s/ Brendan Brownfield
13

Brendan Brownfield

Attorneys for MCDONALD’S #1462;
MCDONALD’S of HAWAII DEVELOPMENT
COMPANY, a Hawaii Limited Partnership

14
15
16
17

ORDER

18

enforcement be necessary.

ER

H

28

RT

27

Honorable Judge Thelton dersHenderson
E. on
en
UNITEDJudge TheltoDISTRICT JUDGE
STATE n E. H
NO

26

R NIA

25

10/4
Dated: _____________, 2011

FO

24

RT
U
O

23

S DISTRICT
TE
C
TA

LI

22

purpose of enforcing the parties’ Settlement Agreement and General Release should such

A

21

Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the

S

20

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

UNIT
ED

19

N

F
D IS T IC T O
R

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

C

CASE NO. CV-10-0950-EDL (TEH)

-2-