Heatherly et al v. Bistro 29 et al

Filing 45

ORDER GRANTING STIPULATION OF DISMISSAL 44 . Signed by Judge Nathanael Cousins on 9/3/2014. (lmh, COURT STAFF) (Filed on 9/3/2014)

1
2
3
4

THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900
[e-mail]

5
6

Attorney for Plaintiffs DAREN HEATHERLY
and IRMA RAMIREZ

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

DAREN HEATHERLY;
and IRMA RAMIREZ

)
)
)
Plaintiffs,
)
)
v.
)
)
BISTRO 29; LARRY W. WILLIAMS and )
CAROLYN A. WILLIAMS, as Trustee of )
THE LARRY W. WILLIAMS and
)
CAROLYN A. WILLIAMS TRUST under )
Declaration of Trust dated June 20, 2002; )
and DEPARTMENT 29, INC., a California )
Corporation,
)
)
Defendants.
)
__________________________________ )

CASE NO. CV-13-1132-NC
STIPULATION OF DISMISSAL; and
[PROPOSED] ORDER THEREON

19
20
21
22
23
24
25
26
27
28

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. CV-13-1132-NC

1

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).

4

This stipulation may be executed in counterparts and have the same force and effect as

5

though all signatures are on the same and/or consecutive pages. Photocopies and facsimile shall

6

have the same force and effect as originals.

7
8

Dated: September 2, 2014

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

9
10
11

By:___/s/Thomas E. Frankovich_______________
Thomas E. Frankovich
Attorney for Plaintiff DAREN HEATHERLY; and
Plaintiff IRMA RAMIREZ

12
13
14
15

Dated: September 2, 2014

16

Peter Goldstone
Law Offices of Peter Goldstone

17
18

By:

/s/Peter Goldstone
Peter Goldstone
Attorneys for Defendants BISTRO 29; and
DEPARTMENT 29, INC., a California Corporation

19
20
21
22
///
23
///
24
///
25
///
26
///
27
///
28
///

STIPULATION OF DISMISSAL; and [PROPOSED] ORDER THEREON

CASE NO. CV-13-1132-NC

-2-

1

Dated: September 2, 2014

2

Gail F. Flatt, Esq.
PROVENCHER & FLATT LLP

3
4
By:___/s/Gail F. Flatt________________________
Gail F. Flatt
Attorney for Defendants LARRY W. WILLIAMS
and CAROLYN A. WILLIAMS, as Trustee of THE
LARRY W. WILLIAMS and CAROLYN A.
WILLIAMS TRUST under Declaration of Trust
dated June 20, 2002

5
6
7
8
9
10

ORDER

11

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

12 Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
13 purpose of enforcing the parties’ Settlement Agreement and General Release should such
14 enforcement be necessary.
15
16

S DISTRICT
TE
C
TA

18

Honorable Nathaniel Cousins
D

UNIT
ED

GRAN

TE

20

thanael
Judge Na

23
24

s

A

H

ER

M. Cousin

LI

RT

22

NO

21

R NIA

United States Magistrate Judge of California

FO

19

S

___________________________________

RT
U
O

17 Dated: _______________, 2014
September 3

N

D IS T IC T
R

OF

C

25
26
27
28

STIPULATION OF DISMISSAL; and [PROPOSED] ORDER THEREON

CASE NO. CV-13-1132-NC

-3-