Ramirez et al v. El Super-Buritto, Inc. et al

Filing 23

STIPULATION AND ORDER OF DISMISSAL re 22 Proposed Order filed by Irma Ramirez, Daren Heatherly. Signed by Judge Edward M. Chen on 9/14/11. (bpf, COURT STAFF) (Filed on 9/14/2011)

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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
Attorneys for Plaintiffs ,IRMA RAMIREZ
and DAREN HEATHERLY, each an individual

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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10 IRMA RAMIREZ and DAREN
HEATHERLY, each an individual,
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Plaintiffs,
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v.
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EL SUPER-BURRITO, INC., a California
14 CORPORATION; and THE WELCH
FAMILY PARTNERSHIP, a California
15 Limited Partnership,

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Defendants.
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CASE NO. CV-11-0807-DMR (EMC)
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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

19 its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the
20 Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
21 costs and attorneys’ fees. The parties further consent to and request that the Court retain
22 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S.
23 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement
24 agreements).
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-11-0807-DMR (EMC)

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

2 their designated counsel that the above-captioned action be and hereby is dismissed with prejudice
3 pursuant to Federal Rules of Civil Procedure section 41(a)(1).
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This stipulation may be executed in counterparts, all of which together shall constitute one

5 original document.
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9 Dated: September 13, 2011

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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Dated: ______________, 2011
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BRANSON, BRINKOP, GRIFFITH &
STRONG, LLP

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By: __________________________
John R. Campo, Esq.
Attorneys for THE WELCH FAMILY
PARTNERSHIP.

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-11-0807-DMR (EMC)

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