Lerma v. Nguyen et al

Filing 34

ORDER FOR DISMISSAL RE 33 STIPULATION WITH PROPOSED ORDER for Dismissal of Action filed by Anthony Lerma. Signed by Judge Charles R. Breyer on 6/20/2012. (beS, COURT STAFF) (Filed on 6/20/2012)

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Case3:10-cv-05089-CRB Document33 Filed06/19/12 Page1 of 2 1 2 3 4 5 K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiff Anthony Lerma 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 ANTHONY LERMA, ) No: 3:10-CV-05089-CRB ) ) STIPULATION FOR DISMISSAL OF Plaintiff, ) ACTION; [PROPOSED] ORDER ) vs. ) ANNIE NGUYEN dba RIB-LICIOUS BBQ, ) ) et al., ) ) ) Defendants. ) ) 18 IT IS HEREBY STIPULATED by and between Plaintiff Anthony Lerma (“Plaintiff”) 19 and Defendant Annie Nguyen dba Rib-Licious BBQ (“Defendant”), by and through their 20 respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant Annie 21 Nguyen dba Rib-Licious BBQ be dismissed with prejudice from this action. 22 IT IS FURTHER STIPULATED between Plaintiff and Defendant that this case has been 23 settled as between themselves and all issues and controversies have been resolved to their 24 mutual satisfaction. Plaintiff and Defendant request the Court to retain jurisdiction to enforce 25 the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. 26 Co. of America, 511 U.S. 375, 381-82 (1994). 27 /// 28 /// Lerma v. Annie Nguyen, et al. Stipulation for Dismissal; [Proposed] Order Page 1 Case3:10-cv-05089-CRB Document33 Filed06/19/12 Page2 of 2 1 Date: June 19, 2012 MOORE LAW FIRM, P.C. 2 3 /s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff Anthony Lerma 4 5 6 Date: June 18, 2012 WILLIAMS, PINELLI & CULLEN, LLP 7 8 /s/ Edward F. Cullen Edward F. Cullen Attorneys for Defendant Annie Nguyen dba RibLicious BBQ 9 10 11 12 13 ORDER 14 15 The parties having so stipulated, 16 IT IS HEREBY ORDERED as follows: 17 1. Plaintiff Anthony Lerma and Defendant Annie Nguyen dba Rib-Licious BBQ 18 shall comply with the terms of the confidential Settlement Agreement and Release in Full, the 19 terms of which are incorporated herein by reference. 20 2. By consent of Plaintiff Anthony Lerma and Defendant Annie Nguyen dba Rib- 21 Licious BBQ, the Court shall retain jurisdiction in this matter for the purpose of enforcing the 22 terms of the settlement agreement. 23 3. Except as provided for in paragraphs 1 and 2 above, Annie Nguyen dba Rib- Licious BBQ is dismissed with prejudice from this action. 25 IT IS SO ORDERED. RT J ER H Page 2 R NIA NO Lerma v. Annie Nguyen, et al. Stipulation for Dismissal; [Proposed] Order . Breyer arles R udge Ch FO 28 ______________________________________ ED ORDER SOJudge United States DistrictICourt IT S LI Dated: June 20, 2012 A 27 UNIT ED 26 S DISTRICT TE C TA RT U O S 24 N F D IS T IC T O R C

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