Heatherly et al v. 24th Street Cheese Company et al
Filing
13
ORDER by Magistrate Judge Maria-Elena James granting 12 Stipulation (rmm2, COURT STAFF) (Filed on 7/24/2012)
1
2
3
4
5
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
Attorney For Plaintiffs,DAREN HEATHERLY
and IRMA RAMIREZ, each an individual,
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
11
12
13
14
15
16
17
18
19
20
21
DAREN HEATHERLY and IRMA
RAMIREZ,
)
)
)
)
Plaintiffs,
)
)
)
v.
)
)
24th STREET CHEESE COMPANY; TI )
CHING KUNG, trustee of the TI CHING )
)
KUNG LIVING, dated March 6, 1994; and )
CHARLES KUNG, an individual dba 24th )
)
STREET CHEESE COMPANY,
)
)
Defendants.
)
___________________________________ )
CASE NO. CV-11-4967-MEJ
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON
The parties, by and through their respective counsel, stipulate to dismissal of this action
22
in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the
23
Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
24
costs and attorneys’ fees. The parties further consent to and request that the Court retain
25
jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511
26
U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of
27
settlement agreements).
28
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO . CV-11-4967-MEJ
1
Therefore, IT IS HEREBY STIPULATED by and between parties to this action through
2
their designated counsel that the above-captioned action become and hereby is dismissed with
3
prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).
4
5
This stipulation may be executed in counterparts, all of which together shall constitute
one original document.
6
7
Dated: May 10, 2012
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
8
By:
/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for DAREN HEATHERLY and IRMA
RAMIREZ, each an individual
9
10
11
12
13
Dated: June 1, 2012
RAGUNATH K. DINDIAL,
Attorney at Law
14
15
By:
/s/ Ragunath K. Dindial
Ragunath K. Dindial
Attorney for TI CHING KUNG, trustee of the TI
CHING KUNG LIVING, dated March 6, 1994; and
CHARLES KUNG, an individual dba 24th STREET
CHEESE COMPANY,
16
17
18
19
ORDER
20
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to
21
22
Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
23 purpose of enforcing the parties’ Settlement Agreement and General Release should such
24 enforcement be necessary
25
July 24,
Dated: _____________, 2012
26
27
28
Honorable Magistrate Judge Maria-Elena James
UNITED STATE DISTRICT JUDGE
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO . CV-11-4967-MEJ
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?