Heatherly et al v. KRB Group Inc et al

Filing 22

STIPULATION OF DISMISSAL AND ORDER. Signed by Judge Nathanael Cousins on 2/24/2015. (lmh, COURT STAFF) (Filed on 2/24/2015)

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 Plaintiffs , DAREN HEATHERLY;
and IRMA RAMIREZ

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UNITED STATES DISTRICT COURT

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DISTRICT OF CALIFORNIA

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)
)
)
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Plaintiffs,
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v.
)
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KRB GROUP, INC., a California
Corporation dba VILLAGE MARKET; and )
)
ROBERT F.G. TOY and BEVERLY G.
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TOY, Trustees of the TOY FAMILY
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REVOCABLE TRUST, U/A/D 7/13/91
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Defendants.
)
_____________________________ )
DAREN HEATHERLY; and IRMA
RAMIREZ

CASE NO.13:13-cv-03396-NC

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

CASE NO. 13:13-cv-03396-NC

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

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their designated counsel that the above-captioned action become and hereby is dismissed with

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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 original document.

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Dated: February 24, 2015

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By: /s/ Thomas E. Frankovich
Thoams E. Frankovich
Attorney for Plaintiffs DAREN HEATHERLY and
IRMA RAMIREZ

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Dated: February 24, 2015

LAW OFFICES OF JASON G. GONG
A Professional Corporation

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By: /s/ Jason Gong
Jason G. Gong
Attorney for Defendants KRB GROUP, INC., a
California Corporation dba VILLAGE MARKET;
and ROBERT F.G. TOY and BEVERLY G. TOY,
Trustees of the TOY FAMILY REVOCABLE
TRUST, U/A/D 7/13/91

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ORDER

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

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

CASE NO. 13:13-cv-03396-NC

H

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M. Cousin

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

thanael
Judge Na

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NO

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TED
GRAN
Honorable Nathanael Cousins
United States Magistrate Judge of California

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UNIT
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25 Dated: _____________, 2015
February 24

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