Yates v. Buckeye Roadhouse Restaurant et al
ORDER REGARDING STIPULATION OF DISMISSAL. Signed by Judge Alsup on July 7, 2011. (whalc2, COURT STAFF) (Filed on 7/7/2011)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
BUCKEYE ROADHOUSE RESTAURANT,
BUCKEYE ROADHOUSE, INC., and
RUDOLPH H. BUSH,
STIPULATION OF DISMISSAL
No. C 10-05283 WHA
The parties have settled and have stipulated to dismiss this action with prejudice. The
parties specifically state, however, that the settlement agreement is contingent upon the
undersigned (or Magistrate Judge Laporte or another magistrate judge) retaining jurisdiction to
enforce the settlement agreement, with no date by which such proposed jurisdiction would
terminate. This order will not approve of such provision, and would only approve retaining
jurisdiction for up to ninety days to enforce the settlement agreement. As the dismissal appears to
be contingent upon the jurisdiction provision, the assigned judge cannot instruct the Clerk to close
the case pursuant to a FRCP 41(a)(1) dismissal signed by both sides, as he otherwise would. This
case shall remain open, and the parties may either file a renewed dismissal (without the offending
provision) or continue to litigate this case.
IT IS SO ORDERED.
Dated: July 7, 2011.
UNITED STATES DISTRICT JUDGE
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