Dytch v. Alty Bay Area 2, LLC

Filing 9

ORDER by Chief Magistrate Judge Maria-Elena James granting 8 Stipulation of Dismissal. (rmm2S, COURT STAFF) (Filed on 12/6/2012)

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

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ALBERT DYTCH,
Plaintiff,

Case No. CV 12-1308 MEJ
STIPULATION OF DISMISSAL; ORDER

v.
ALTY BAY AREA 2, 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).
Although the parties are hereby dismissing this action with prejudice, they agree that the
CV 12-1308 MEJ

1

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: December 5, 2012

Date: December 5, 2012

S/Adina T. Stern,
Attorney for Defendant

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

UNIT
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Date: December 6, 2012

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IT IS SO ORDERED:

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