Dytch v. Demiguel et al

Filing 8

STIPULATION OF DISMISSAL AND ORDER re 7 STIPULATION WITH PROPOSED ORDER of Dismissal. Signed by Judge Jacqueline Scott Corley on November 29, 2012. (wsn, COURT STAFF) (Filed on 11/29/2012)

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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 t_stew_3@yahoo.com Attorneys for Albert Dytch UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALBERT DYTCH, Plaintiff, Case No. CV 12-4375 JSC STIPULATION OF DISMISSAL; ORDER v. MICHAEL DEMIGUEL, MICHELE MOSS, FLOYD DEMIGUEL, LOUISE ALEXANDER and ELENA RUIZ, 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 Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). CV 12-4375 JSC 1 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: November 29, 2012 Date: November 29, 2012 S/Cris C. Vaughan, Attorney for Defendants S/Thomas N. Stewart, III, Attorney for Plaintiff IT IS SO ORDERED: Date: November 29, 2012 CV 12-4375 JSC ________________________________ Hon. Jacqueline Scott Corley United States Magistrate Judge 2

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