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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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,

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAREN HEATHERLY and IRMA
RAMIREZ, each an individual,

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Plaintiffs,
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v.
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LA PALOMA RESTAURANT; HANG
LIM and KIM SHU LIM, TRUSTEES OF )
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THE HANG and KIM SHU LIM 1992
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FAMILY TRUST,
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Defendants.
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___________________________________ )

CASE NO. CV-11-0806-MEJ
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal of this action

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in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the

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Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own

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costs and attorneys’ fees. The parties further consent to and request that the Court retain

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jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511

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U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of

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settlement agreements).

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO.CV-11-0806-MEJ

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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through

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their designated counsel that the above-captioned action become and hereby is dismissed with

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prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).

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This stipulation may be executed in counterparts, all of which together shall constitute
one original document.

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Dated: April 30, 2012

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for DAREN HEATHERLY and IRMA
RAMIREZ, each an individual

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By:

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Dated: April 30, 2012

Law Office of Jason G. Gong
A Professional Corporation

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/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

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By:

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ORDER

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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
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Honorable Magistrate Judge Maria-Elena James
UNITED STATE DISTRICT JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO.CV-11-0806-MEJ

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