Yates v. Cafe Gratitude LLC et al

Filing 18

ORDER by Magistrate Judge Maria-Elena James granting 17 Stipulation of Dismissal (rmm2, COURT STAFF) (Filed on 5/2/2012)

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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

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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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10 CRAIG YATES, an individual;
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)
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Plaintiff,
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)
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v.
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CAFÉ GRATITUDE LLC, a California
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limited liability Company; and
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ROBERT A. IMHOFF
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,
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Defendant.
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____________________________________)

CASE NO. CV-10-2015-MEJ

STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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

20 its entirety with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). Outside of the terms of the
21 Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
22 costs and attorneys’ fees. The parties further consent to and request that the Court retain
23 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S.
24 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement
25 agreements).
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-10-2015-MEJ

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

2 their designated counsel that the above-captioned action become and hereby is dismissed with
3 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

5 original document.
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7 Dated: May 1, 2012

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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12 Dated: May 1, 2012
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Law Office of Jason G. Gong
A Professional Corporation
By:

/s/ Jason G. Gong
Jason G. Gong
Attorney for Defendants CAFÉ GRATITUDE LLC,
a California limited liability Company; and
ROBERT A. IMHOFF

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ORDER

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

21 R. Civ. P. 41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
22 purpose of enforcing the parties’ Settlement Agreement and General Release should such
23 enforcement be necessary.
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May 2
25 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-10-2015-MEJ

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