Johnson v. Sunhill Enterprises, LP

Filing 14

STIPULATION AND ORDER re 13 STIPULATION WITH PROPOSED ORDER Dismissing the Complaint filed by David Johnson. Signed by Judge Jacqueline Scott Corley on January 9, 2013. (wsnS, COURT STAFF) (Filed on 1/9/2013)

Download PDF
THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2nd FLOOR CLAYTON, CA 94517 TELEPHONE (925) 672-8452 TELEFAX (925) 673-1729 E-MAIL Attorneys for David Johnson UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID JOHNSON, Plaintiff, Case No. CV 12-1458 JSC STIPULATION OF DISMISSAL OF THE COMPLAINT; ORDER v. SUNHILL ENTERPRISES, LP, Defendant. __________________________________/ and Impleader Action __________________________________/ The Plaintiff and Defendant hereto stipulate as follows: The Plaintiff and Defendant have reached a full and final settlement of all issues between them in this action. A Settlement Agreement between the Plaintiff and Defendant has been fully executed. Some parts of the Settlement Agreement are to be performed in the future. The Plaintiff and Defendant shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The Plaintiff and Defendant request the Court to retain CV 12-1458 JSC 1 jurisdiction over them for 18 months from the date hereof in order to enforce the terms of the Settlement Agreement between them under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). Although the Plaintiff and Defendant are hereby dismissing the Action between them with prejudice, they agree that the Court will retain jurisdiction over the Action between them and the Plaintiff and Defendant in order to be able to enforce the terms of the Settlement Agreement. IT IS HEREBY STIPULATED by and between the Plaintiff and Defendant through their designated counsel that the Complaint be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction over Plaintiff and Defendant to enforce the terms of the Settlement Agreement between them for 18 months after the date hereof. This Action continues as to the Impleader between Sunhill Enterprises, L.P. and Joanna Chau. S/Rebecca Coll, Attorney for Defendant S/Thomas N. Stewart, III, Attorney for Plaintiff IT IS SO ORDERED: S DISTRICT TE C TA NO Hon. Jacqueline Scott Corley United States Magistrate Judge CV 12-1458 JSC ley A H ER ot t C o r LI RT J u d ge ne Sc Jacqueli R NIA DERED SO OR ________________________________ IT IS FO Date: January 9, 2013 UNIT ED S Date: January 8, 2013 RT U O Date: January 8, 2013 N 2 F D IS T IC T O R C

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?