Yates v. Lee's Sandwiches et al

Filing 35

STIPULATION AND ORDER re 34 STIPULATION WITH PROPOSED ORDER FOR DISMISSAL THEREON filed by Craig Yates. Signed by Judge Edward M. Chen on 1/9/15. (bpf, COURT STAFF) (Filed on 1/9/2015)

THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
2 A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
3 San Rafael, CA 94903
Telephone: [phone]
4 Facsimile: 415/674-9900
[e-mail]
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Attorney For Plaintiff CRAIG YATES, an individual
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UNITED STATES DISTRICT COURT
DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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v.
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LEE’S SANDWICHES; GOLDEN MCM )
INVESTMENT LLC; and MCM
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INVESTMENTS, INC., a California Corp )
dba LEE’S SANDWICHES
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)
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Defendants.
)
_____________________________ )

11 CRAIG YATES, an individual
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CASE NO. 3:13- CV -00931 EMC- EDL)

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

CASE NO. 3:13- CV -00931 EMC- EDL

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

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

6 shall constitute one original document.
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8 Dated: December 23, 2014

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By:

/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiff CRAIG YATES

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Dated: December 23, 2014

MICHAEL WELCH + ASSOCIATES

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Signature approved

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By: _/s/ Michael D. Welch____
Michael D. Welch
Attorney for Defendants GOLDEN MCM
INVESTMENT LLC; and MCM INVESTMENTS,
INC., a California Corp dba LEE’S SANDWICHES

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ORDER

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IT IS HEREBY ORDERED that this matter is dismissed with prejudice

22 pursuant to Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court
23 shall retain jurisdiction for the purpose of enforcing the parties’ Settlement
24 Agreement and General Release should such enforcement be necessary

R NIA

Honorable Magistrate Elizabeth D Laporte
DERED
UNITED STATES DISTRICT JUDGE
SO OR
IT IS

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREONe Edwa NO. 3:13- CV -00931 EMC- EDL
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1/9/15
25 Dated: _____________, 2014

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Edward
M. Chen