Heatherly et al v. Happy Donuts et al

Filing 10

STIPULATION AND ORDER OF DISMISSAL re 8 . Signed by Magistrate Judge Elizabeth D. Laporte on 1/25/2012. (kns, COURT STAFF) (Filed on 1/26/2012)

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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
Attorneys for Plaintiff DAREN HEATHERLY;
and IRMA RAMIREZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
)
)
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Plaintiffs,
)
)
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v.
)
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HAPPY DONUTS; WAYNE WOO;
)
LILLIAN WOO; WALDEN WOO and
)
CATHERINE L. GLAHN, Trustees of
)
THE WALDEN WOO and CATHERINE )
L. GLAHN 2003 REVOCABLE TRUST )
)
created September11, 2003; WESLEY
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WOO, as Trustee of THE WESLEY WOO )
)
2003 REVOCABLE TRUST created
December 31, 2003; WAYNE WOO and )
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ANGELA WOO, as Trustees of THE
)
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WAYNE WOO and ANGELA WOO
REVOCABLE TRUST; LILLIAN WOO )
)
TRUSTEE of THE CHORLEY-WOO
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TRUST dated December 20, 2006; and
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LILLY YAM and FATH YIN individuals )
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dba HAPPY DONUTS,
)
)
Defendants.
___________________________________
DAREN HEATHERLY and IRMA
RAMIREZ, each an individual

CASE NO.. CV-11-4129-EDL
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO.. CV-11-4129-EDL

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)(1). 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).
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 be and hereby is dismissed with

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prejudice

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pursuant to Federal Rules of Civil Procedure section 41(a)(1).
This stipulation may be executed in counterparts, all of which together shall constitute

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one original document.

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Dated: January 6, 2012

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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SIGNATURES CONTINUED ON NEXT PAGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO.. CV-11-4129-EDL

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Dated: January 6, 2011
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RAGUNATH K. DINDIAL,
Attorney at Law

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By: /s/ Ragunath K. Dindial
Ragunath K. Dindial
Attorney for Defendants WAYNE WOO; LILLIAN
WOO; WALDEN WOO and CATHERINE L.
GLAHN, Trustees of THE WALDEN WOO and
CATHERINE L. GLAHN 2003 REVOCABLE
TRUST created September11, 2003; WESLEY
WOO, as Trustee of THE WESLEY WOO 2003
REVOCABLE TRUST created December 31, 2003;
WAYNE WOO and ANGELA WOO, as Trustees
of THE WAYNE WOO and ANGELA WOO
REVOCABLE TRUST; LILLIAN WOO
TRUSTEE of THE CHORLEY-WOO TRUST
dated December 20, 2006; and LILLY YAM and
FATH YIN individuals dba HAPPY DONUTS

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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

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the purpose of enforcing the parties’ Settlement Agreement and General Release should such

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RT

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H

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NO

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Honorable Magistrate Judge Elizabeth D. Laporte
orte
UNITED STATE abeth D. LapJUDGE
liz DISTRICT
Judge E

FO

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D

RDERE

OO
IT IS S

LI

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January 25
Dated: _____________, 2012

UNIT
ED

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RT
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S DISTRICT
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enforcement be necessary

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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CASE NO.. CV-11-4129-EDL

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