Yates v. 100% Sweet Cafe et al

Filing 21

STIPULATION AND ORDER re 20 OF DISMISSAL filed by Craig Yates. Signed by Judge Edward M. Chen on 7/30/13. (bpf, COURT STAFF) (Filed on 7/30/2013)

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THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
GEORGE S. KHOURY(State Bar #074414)
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy., Suite 300
San Rafael, CA 94903
Telephone:
415/444-5800
Facsimile:
415/444-5805
Email:
[e-mail]

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Attorney for Plaintiff CRAIG YATES

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UNITED STATES DISTRICT COURT
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DISTRICT OF CALIFORNIA
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10 CRAIG YATES,
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)
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Plaintiff,
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v.
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100 % SWEET CAFÉ; JAMES MO-TAI )
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CHAN and WENDY WAN-LI CHEN,
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TRUSTEES OF THE CHAN/CHEN
FAMILY TRUST, U.D.T.; and DENISE O. )
)
W. LU, an individual d.b.a. 100% SWEET )
CAFÉ,
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Defendants.
___________________________________ )

CASE NO. CV-12-5993-EMC
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal of this action in

22 its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the
23 Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
24 costs and attorneys’ fees. The parties further consent to and request that the Court retain
25 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S.
26 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement
27 agreements).
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-12-5993-EMC

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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through

2 their designated counsel that the above-captioned action become and hereby is dismissed with
3 prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).
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This stipulation may be executed in counterparts, all of which together shall constitute one

5 original document.
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7 Dated: July 26, 2013

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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/s/ Thomas E. Frankovcih
Thomas E. Frankovich
Attorneys for CRAIG YATES

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By:

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Dated: July 28, 2013

LAW OFFICES OF JEFFREY A. CHEN

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/s/ Jeffery A. Chen
Jeffrey A. Chen
Attorney for Defendants JAMES MO-TAI CHAN
and WENDY WAN-LI CHEN, TRUSTEES OF
THE CHAN/CHEN FAMILY TRUST, U.D.T.; and
DENISE O. W. LU, an individual d.b.a. 100%
SWEET CAFÉ,
By:

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ORDER

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IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to

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Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the

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RT

CASE NO. CV-12-5993-EMC

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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R NIA
FO

NO

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UNITED STATES DISTRICT JUDGE
hen
rd M. C
ge Edwa
Jud

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ERED
O ORD D
IT IS S
DIFIE
AS MO
Honorable Magistrate Edward M. Chen

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S DISTRICT
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U
O

24 enforcement be necessary
7/30
25 Dated: _____________, 2013

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purpose of enforcing the parties’ Settlement Agreement and General Release should such

UNIT
ED

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F
D IS T IC T O
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