Torres et al v. Gallup & Whalen Santa Maria

Filing 10

ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Maria-Elena James on 10/20/2011. (cdnS, COURT STAFF) (Filed on 10/20/2011)

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THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2 nd FLOOR CLAYTON, CA 94517 TELEPHONE (925) 672-8452 TELEFAX (925) 673-1729 E-MAIL: t_stew_3@yahoo.com Attorneys for Jesus Torres UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JESUS TORRES, DAVID JOHNSON, Case No. CV 10-5541 MEJ STIPULATION OF DISMISSAL; ORDER Plaintiffs, v. GALLUP & WHALEN SANTA MARIA, Defendant. __________________________________/ The parties hereto stipulate as follows: The parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed. Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The parties request the Court to retain jurisdiction for tow years from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of CV 10-5541 MEJ 1 Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for two years after the date hereof. Date: October 17, 2011 Date: October 17, 2011 S/Jonathan McNeil Wong, Attorney for Defendant S/Thomas N. Stewart, III, Attorney for Plaintiff UNIT ED RT A H ER FO NO CV 10-5541 MEJ s na Jame ria-Ele dge Ma Ju R NIA ________________________________ Judge/Magistrate LI Date: October 20, 2011 S DISTRICT TE C TA RT U O S IT IS SO ORDERED: N 2 F D IS T IC T O R C

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