Yates v. Napa Valley Petroleum Inc et al

Filing 29

STIPULATION AND ORDER OF DISMISSAL re 28 Proposed Order filed by Craig Yates. Signed by Judge Edward M. Chen on 9/14/11. (bpf, COURT STAFF) (Filed on 9/14/2011)

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THOMAS E. FRANKOVICH (State Bar No. 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, an individudal

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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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NAPA VALLEY PETROLEUM, INC., a )
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California Corporation dba SALVADOR
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EXXON, a.k.a., CHEVRON STN
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00305940; and GELOW, INC., a California )
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Corporation,
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Defendants
____________________________________)
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CASE NO. CV-10-4421-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 in
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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 U.S.
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375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement
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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 prejudice
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pursuant to Federal Rules of Civil Procedure section 41(a)(1).
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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This stipulation may be executed in counterparts, all of which together shall constitute one

2 original document.
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4 Dated: September 13, 2011

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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By:

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Dated: September 13, 2011

THE COSTA LAW FIRM

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By: __/S/_David MacMillan___
David MacMillan
Attorneys for NAPA VALLEY PETROLEUM,
INC., a California Corporation dba SALVADOR
EXXON, a.k.a., CHEVRON STN 00305940; and
GELOW, INC., a California Corporation

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ORDER

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

20 Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
21 purpose of enforcing the parties’ Settlement Agreement and General Release should such
22 enforcement be necessary.

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Honorable Judge Edward M. Chen
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UNITED STATE DISTRICThJUDGE
M. C e
Edward
Judge

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DERED

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IT IS S

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UNIT
ED

9/14
24 Dated: _____________, 2011

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
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