Yates v. Thaina Cafe LLC

Filing 16

STIPULATION AND ORDER re 15 Stipulation filed by Craig Yates, ORDER DISMISSING CASE. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 1/9/12. (bjtS, COURT STAFF) (Filed on 1/9/2012)

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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:
415/444-5800
Facsimile:
415/444-5805
Attorneys 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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THAINA CAFÉ LLC, a California Limited )
Liability Company; and STAR 94 LLC, a )
California Limited Liability Company,
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Defendants.
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___________________________________ )

CASE NO. CV-10-1411-MEJ
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal of the
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complaint with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the
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Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
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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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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 be and hereby is dismissed with
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-10-1411-MEJ

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prejudice 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.

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Dated: January 9, 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
By:
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Dated: January 9, 2012

MASTROMONACO REAL PROPERTY LAW
GROUP

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By: __/s/ Matthew K. Hindman__
Matthew K. Hindman
Attorneys for STAR 94 LLC, a California Limited
Liability Company

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ORDER

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

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

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

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enforcement be necessary.

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January 9,
Dated: _____________, 2012

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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

CV-10-1411-MEJ

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