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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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: 415/444-5805 5 Attorney for Plaintiff CRAIG YATES, an individual 2 3 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 CRAIG YATES, an individual; 11 12 13 14 15 16 17 ) ) Plaintiff, ) ) ) v. ) ) ) CAFÉ GRATITUDE LLC, a California ) limited liability Company; and ) ROBERT A. IMHOFF ) , ) ) Defendant. ) ____________________________________) CASE NO. CV-10-2015-MEJ STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON 18 19 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). 26 /// 27 /// 28 /// STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CV-10-2015-MEJ 1 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). 4 This stipulation may be executed in counterparts, all of which together shall constitute one 5 original document. 6 7 Dated: May 1, 2012 THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION 8 9 By: /s/ Thomas E. Frankovich Thomas E. Frankovich Attorney for CRAIG YATES, an individual 10 11 12 Dated: May 1, 2012 13 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 14 15 16 17 18 ORDER 19 20 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. 24 May 2 25 Dated: _____________, 2012 26 27 Honorable Magistrate Judge Maria-Elena James UNITED STATE DISTRICT JUDGE 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CV-10-2015-MEJ -2-

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