Johnson v. Hom et al

Filing 6

ORDER DISMISSING CASE. Signed by Judge Nathanael Cousins on 4/10/13. (lmh, COURT STAFF) (Filed on 4/10/2013)

Case3:12-cv-01805-NC Document5 Filed04/08/13 Page1 of 2

THOMAS N. STEW ART, III - #88128
ATTORNEY AT LAW
369 BLUE OAK LANE, 2 nd 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 12-1805 NC

STIPULATION OF DISMISSAL; ORDER

v.
RICHARD and DONNA HOM,
Defendants.
__________________________________/

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

CV 12-1805 NC

1

Case3:12-cv-01805-NC Document5 Filed04/08/13 Page2 of 2

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
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: April 8, 2013

Date: April 8, 2013

S/Nicolás C. Vaca,
Attorney for Defendants

S/Thomas N. Stewart, III
Attorney for Plaintiff

S

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IT IS S

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CV 12-1805 NC

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Date: April 10, 2013

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IT IS SO ORDERED:

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