Fernandes v. Block

Filing 6

ORDER DISMISSING CASE, ***Civil Case Terminated.. Signed by Judge Maria-Elena James on 10/21/2011. (cdnS, COURT STAFF) (Filed on 10/21/2011)

THOMAS N. STEW ART, III - #88128
ATTORNEY AT LAW
369 BLUE OAK LANE, 2 nd FLOOR
CLAYTON, CA 94517
TELEPHONE [phone]
TELEFAX [phone]
E-MAIL [e-mail]
Attorneys for Michael Fernandes

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

MICHAEL FERNANDES,
Plaintiff,

Case No. CV 11-3693 MEJ
STIPULATION OF DISMISSAL; ORDER

v.
GEORGE H. BLOCK, Trustee,
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 2 years 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).
Although the parties are hereby dismissing this action with prejudice, they agree that the
CV 11-3693 MEJ

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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
2 years after the date hereof.
Date: October 20, 2011

Date: October 20, 2011

S/Edward A. Krause,
Attorney for Defendant

S/Thomas N. Stewart, III,
Attorney for Plaintiff

IT IS SO ORDERED:

Date: October 21, 2011

CV 11-3693 MEJ

________________________________
Judge/Magistrate

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