Session v. PLM Lender Services, Inc. et al

Filing 143

ORDER GRANTING REQUEST FOR DISMISSAL AND DISMISSING ACTION re 142 Proposed Order filed by Bess Kennedy (whalc2, COURT STAFF) (Filed on 1/15/2013) (Additional attachment(s) added on 1/15/2013: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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Joren S. Bass, State Bar No. 208143
[e-mail]
Jacqueline Young, State Bar No. 280374
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Plaintiff
Bess Kennedy as Guardian Ad Litem for LaTanya
Marie Session

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Bess Kennedy, as Guardian Ad Litem for
LaTanya Marie Session,

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Plaintiff,

Case No. 10-cv-04942 WHA
REQUEST FOR DISMISSAL OF ACTION
AND [PROPOSED ORDER] GRANTING
DISMISSAL

v.
Monterey Bay Resources, Inc., Ty Ebright,
Ann Ebright, Contanz Frie, Matthew
Lopez, PLM Lender Services, Inc. and
Does 1-50,
Defendants.

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REQUEST FOR DISMISSAL AND [PROPOSED] ORDER GRANTING DISMISSAL
Case No. 10-cv-04942 WHA

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REQUEST FOR DISMISSAL
Pursuant to Federal Rules of Civil Procedure 41(a)(2), Plaintiff Bess Kennedy as Guardian

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Ad Litem for LaTanya Marie Session hereby requests that the Court dismiss with prejudice the

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above-captioned action, and all claims and defendants, pursuant to the settlement agreement

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reached on October 23, 2012 and stated on the record. The settlement agreement was thereafter

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formally reduced to a written agreement (the “Agreement”).

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Plaintiff further requests that the Court maintain jurisdiction over the action for the sole

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purpose of enforcing the terms of the Agreement, which enforcement may be sought by any party

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to the Agreement by filing an Ex Parte Application or Noticed Motion pursuant to the Federal

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Rules of Civil Procedure and the Local Rules of this Court.

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DATED: January 14, 2013

PERKINS COIE LLP
By: /s/ Jacqueline Young
Jacqueline Young
Attorneys for Plaintiff
Bess Kennedy as Guardian Ad Litem for
LaTanya Marie Session

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REQUEST FOR DISMISSAL AND [PROPOSED] ORDER GRANTING DISMISSAL
Case No. 10-cv-04942 WHA

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[PROPOSED] ORDER
Pursuant to the settlement agreement entered on the record and the request of Plaintiff,
and for good cause showing,

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IT IS HEREBY ORDERED that the request for dismissal is GRANTED:

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1.

The action and all claims and defendants are hereby dismissed with prejudice.

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2.

The Court will retain jurisdiction over the action for the sole purpose of enforcing

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the terms of the Agreement, which enforcement may be sought by any party to the

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Agreement by filing an Ex Parte Application or Noticed Motion pursuant to the Federal

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Rules of Civil Procedure and the Local Rules of this Court.

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The Court ORDERED. jurisdiction only up to and including January 15, 2016.
IT IS SO will retain such

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up

LI

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Judge W

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ls
illiam A

NO

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Honorable William H. Alsup
United States District Judge

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UNIT
ED

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January 15, 2013.
Dated: ______________________

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REQUEST FOR DISMISSAL AND [PROPOSED] ORDER GRANTING DISMISSAL
Case No. 10-cv-04942 WHA

C