Evans v. Carrows Restaurants Inc. et al

Filing 22

STIPULATION AND ORDER OF DISMISSAL OF CARROWS RESTAURAUNTS INC., ONLY. Signed by Judge Joseph C. Spero on 10/15/12. (klhS, COURT STAFF) (Filed on 10/22/2012)

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1 2 3 4 5 K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiff Janice Evans 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JANICE EVANS, 12 Plaintiff, 13 14 ) ) ) ) ) ) ) ) ) ) ) ) ) vs. CARROWS RESTAURANTS, INC., et al., 15 Defendants. 16 17 No: 3:12-CV-03452 JCS STIPULATION FOR DISMISSAL OF CARROWS RESTAURANTS, INC. ONLY; [PROPOSED] ORDER 18 IT IS HEREBY STIPULATED by and between Plaintiff Janice Evans (“Plaintiff”) and 19 Defendant Carrows Restaurants, Inc. (“Defendant”), by and through their respective counsel, 20 that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant Carrows Restaurants, Inc. 21 is dismissed with prejudice from this action. 22 IT IS FURTHER STIPULATED between Plaintiff and Defendant Carrows Restaurants, 23 Inc. that this case has been settled as between them and all issues and controversies have been 24 resolved to their mutual satisfaction. Plaintiff and Defendant Carrows Restaurants, Inc. request 25 the Court to retain jurisdiction to enforce the terms of their settlement agreement under the 26 authority of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994). 27 /// 28 /// Evans v. Carrows Restaurants, Inc., et al. Stipulation for Dismissal; [Proposed] Order Page 1 1 Date: October 4, 2012 MOORE LAW FIRM, P.C. 2 3 /s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff Janice Evans 4 5 6 7 Date: October 3, 2012 CATALINA RESTAURANT GROUP 8 9 /s/ Luciana O’Brien Luciana O’Brien Attorneys for Defendant Carrows Restaurants, Inc. 10 11 12 13 ORDER 14 The parties having so stipulated, 15 IT IS HEREBY ORDERED as follows: 16 1. Plaintiff Janice Evans and Defendant Carrows Restaurants, Inc. shall comply 17 with the terms of the confidential Settlement Agreement and Release in Full, the terms of which 18 are incorporated herein by reference. 19 2. By consent of Plaintiff Janice Evans and Defendant Carrows Restaurants, Inc., 20 the Court shall retain jurisdiction in this matter for the purpose of enforcing the terms of the 21 settlement agreement. S H 28 seph C. Spero Evans v. Carrows Restaurants, Inc., et al. Stipulation for Dismissal; [Proposed] Order Page 2 FO Judge Jo ______________________________________ United States District Court Judge ER C N MagistrateR IC T O F D IS T RT 27 Dated: 10/15/12 NO 26 IT IS SO ORDERED. LI 25 RT U O 24 ISTRIC ES D TC AT T R NIA dismissed with prejudice from this action. A 23 3. Except as provided for in paragraphs 1 and 2 above, Carrows Restaurants, Inc. is UNIT ED 22

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