Yates v. Fasudhani et al

Filing 13

ORDER and STIPULATION DISMISSING CASE by Magistrate Judge Maria-Elena James granting 12 Stipulation (bzsec, COURT STAFF) (Filed on 4/18/2012)

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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
Attorneys for Plaintiff
CRAIG YATES, an individual

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

9 CRAIG YATES, an individual
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)
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Plaintiffs,
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v.
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KHAN TOKE THAI HOUSE; RANGSAN )
FASUDHANI and AREEWAN
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FASUDHANI, each an individual dba
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KHAN TOKE THAI HOUSE; and
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RANGSAN and AREEWAN
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FASUDHANI, Trustees in Trust under THE )
RANGSAN and AREEWAN
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FASUDHANI, JOINT LIVING TRUST, )
dated October 8, 1987,
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Defendants.
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___________________________________ )

CASE NO. CV-10-3359-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 DISM ISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-10-3359-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 be and hereby is dismissed with prejudice
3 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: April 17, 2012

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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By:

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Dated: April 18, 2012
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Law Office of Jason G. Gong
A Professional corporation

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/s/ Jason G. Gong
Jason G. Gong, Esq.
Attorney for Defendant’s RANGSAN
FASUDHANI and AREEWAN FASUDHANI, each
an individual; and RANGSAN and AREEWAN
FASUDHANI, Trustees in Trust under THE
RANGSAN and AREEWAN FASUDHANI, JOINT
LIVING TRUST, dated October 8, 1987,
By:
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ORDER
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.

22 R. Civ. P. 41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
23 purpose of enforcing the parties’ Settlement Agreement and General Release should such
24 enforcement be necessary.
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April 18
26 Dated: _____________, 2012
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Honorable Magistrate Judge Maria Elena James
UNITED STATE DISTRICT JUDGE
STIPULATION OF DISM ISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-10-3359-MEJ

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