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)

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 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
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TA

NO

Hon. Jacqueline Scott Corley
United States Magistrate Judge

CV 12-1458 JSC

ley

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Jacqueli

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DERED
SO OR
________________________________
IT IS

FO

Date: January 9, 2013

UNIT
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Date: January 8, 2013

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Date: January 8, 2013

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2

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