Yates v. Original Buffalo Wings et al

Filing 19

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 01/10/2012. (tmi, COURT STAFF) (Filed on 1/10/2012)

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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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Attorneys for Plaintiff CRAIG YATES

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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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)
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Plaintiff,
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)
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v.
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ORIGINAL BUFFALO WINGS; THE
)
UNG CORPORATION, dba ORIGINAL )
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BUFFALO WINGS; PATRICIA
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MONTAGUE, an individual; and
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PATRICIA MONTAGUE, as trustee of the )
PATRICIA MONTAGUE FAMILY
)
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TRUST of 2004,
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Defendants.
)
)
___________________________________ )

CASE NO. CV-10-3582-EMC
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

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in its entirety 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).
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-10-3582-EM C

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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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prejudice

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pursuant to Federal Rules of Civil Procedure section 41(a)(1).

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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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By:

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

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Dated: ______________, 2012

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BRENDA CRUZ KEITH, LAWYER
By:
Brenda Cruz-Keith
Attorney for Defendant ORIGINAL BUFFALO
WINGS, INC. THE UNG CORPORATION, dba
ORIGINAL BUFFALO WINGS;

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SIGNATURES CONTINUED ON NEXT PAGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-10-3582-EM C

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,r

JEFFREY HARTSFIELD BELOTE,

1 Dated:,")e-~, 2012
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MORRS POLICH & PURDY LLP

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By:

J fi r

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Attorne s £
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MONTÄ' , an in ividual; and PATRICIA

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MONTAGUE, as trustee of

the PATRICIA
2004

MONTAGUE FAMILY TRUST of

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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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jurisdiction for

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

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RT

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R NIA

nderson

. He
helton E
Judge T

NO

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Honorable Edward M. Chen
UNITED STATE DISTRICT JUDGE

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,2012

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01/10

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O

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Dated:

S DISTRICT
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enforcement be necessary

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

UNIT
ED

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F
D IS T IC T O
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STIPULATION OF DISMISSAL AND (PROPOSED) ORDER THEREON

CASE

NO. CV-10-3582-EMC

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