Ramirez et al v. Perry's Delicatessen #10 et al

Filing 9

STIPULATION AND ORDER OF DISMISSAL re 5 Proposed Order filed by Irma Ramirez, Daren Heatherly (whalc2, COURT STAFF) (Filed on 10/5/2011)

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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

9 IRMA RAMIREZ and DAREN
HEATHERLY,
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Plaintiffs,
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v.
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13 PERRY’S DELICATESSEN #10; ROBERT )
COCHRAN; and DONNA COCHRAN,
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Defendants.
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CASE NO. CV-11-1372-JCS
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 in

18 its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the
19 Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
20 costs and attorneys’ fees. The parties further consent to and request that the Court retain
21 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S.
22 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement
23 agreements).
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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through

25 their designated counsel that the above-captioned action be and hereby is dismissed with prejudice
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-11-1372-JCS

1 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

3 original document.
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5 Dated: September 21, 2011

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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11 Dated: ______________, 2011

ROBERT COCHRAN, In Pro Per

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By: __________________________
ROBERT COCHRAN, In Pro Per

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Dated: ______________, 2011

DONNA COCHRAN, In Pro Per

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By: __________________________
DONNA COCHRAN, In Pro Per

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ORDER

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IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to

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Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the

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for three years.
purpose of enforcing the parties’ Settlement Agreement and General Release should such

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enforcement be necessary.

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5,
Dated: _____________, 2011
October 5 2011.
William Alsup
UNITED STATES DISTRICT JUDGE
Honorable Judge Joseph C. Spero
UNITED STATE DISTRICT JUDGE
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CV-11-1372-JCS

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for