Heatherly et al v. La Paloma Restaurant et al

Filing 16

ORDER by Magistrate Judge Maria-Elena James granting 15 Stipulation of Dismissal (rmm2, COURT STAFF) (Filed on 5/2/2012)

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1 2 3 4 5 THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy, Suite 300 San Rafael, CA 94903 Telephone: 415/674-8600 Facsimile: 415/674-9900 Attorney For Plaintiffs,DAREN HEATHERLY and IRMA RAMIREZ, each an individual, 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 DAREN HEATHERLY and IRMA RAMIREZ, each an individual, ) ) ) ) Plaintiffs, ) ) ) v. ) ) ) LA PALOMA RESTAURANT; HANG LIM and KIM SHU LIM, TRUSTEES OF ) ) THE HANG and KIM SHU LIM 1992 ) FAMILY TRUST, ) ) ) Defendants. ) ___________________________________ ) CASE NO. CV-11-0806-MEJ STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON 20 21 The parties, by and through their respective counsel, stipulate to dismissal of this action 22 in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the 23 Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own 24 costs and attorneys’ fees. The parties further consent to and request that the Court retain 25 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 26 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of 27 settlement agreements). 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CASE NO.CV-11-0806-MEJ 1 Therefore, IT IS HEREBY STIPULATED by and between parties to this action through 2 their designated counsel that the above-captioned action become and hereby is dismissed with 3 prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2). 4 5 This stipulation may be executed in counterparts, all of which together shall constitute one original document. 6 7 Dated: April 30, 2012 THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION 8 /s/ Thomas E. Frankovich Thomas E. Frankovich Attorney for DAREN HEATHERLY and IRMA RAMIREZ, each an individual 9 By: 10 11 12 13 Dated: April 30, 2012 Law Office of Jason G. Gong A Professional Corporation 14 /s/ Jason G. Gong Jason G. Gong Attorney for Defendants HANG LIM and KIM SHU LIM, TRUSTEES OF THE HANG and KIM SHU LIM 1992 FAMILY TRUST 15 By: 16 17 18 19 20 ORDER 21 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 22 Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the 23 purpose of enforcing the parties’ Settlement Agreement and General Release should such 24 enforcement be necessary 25 Dated: _____________, 2012 May 2 26 27 Honorable Magistrate Judge Maria-Elena James UNITED STATE DISTRICT JUDGE 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CASE NO.CV-11-0806-MEJ -2-

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