Fernandes v. Eastwood, LLC

Filing 9

STIPULATION AND ORDER of Dismissal Signed by Magistrate Judge Elizabeth D. Laporte on 10/11/2011. (kns, COURT STAFF) (Filed on 10/11/2011)

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THOMAS N. STEW ART, 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 Michael Fernandes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAEL FERNANDES, Case No. CV 11-3115 EDL STIPULATION OF DISMISSAL; ORDER Plaintiff, v. EASTWOOD, LLC, 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 18 months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). CV 11-3115 EDL 1 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 18 months after the date hereof. Date: September 23, 2011 Date: September 23, 2011 S/Edward A. Kraus, Attorney for Defendant S/Thomas N. Stewart, III, Attorney for Plaintiff IT IS SO ORDERED: Date: October 11, 2011 CV 11-3115 EDL ________________________________ Judge/Magistrate 2

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