Yates v. Bangkok Thai Express, Inc. et al

Filing 19

ORDER GRANTING STIPULATION OF DISMISSAL 18 . Signed by Judge Nathanael Cousins on 1/29/2015. (lmh, COURT STAFF) (Filed on 1/29/2015)

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,
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
)
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Plaintiff,
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)
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v.
)
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BANGKOK THAI EXPRESS, INC., a
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California Corporation dba BANGKOK )
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THAI EXPRESS; and DONALD J.
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KELLEHER and DONNA B. KELLEHER, )
Co-Trustees of THE KELLEHER
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FAMILY TRUST of 1990, u/d/t dated July )
)
14, 1990,
)
)
)
)
Defendants.
______________________________ )
CRAIG YATES,

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CASE NO. CV-13-5127-NC

STIPULATION OF DISMISSAL
AND [PROPOSED] ORDER
THEREON

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-13-5127-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: January 27, 2015

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: January 27, 2015

MCNEIL, SILVEIRA, RICE & WILEY,
Permission given to use
electronic signature 1/27/2015
via e-mail

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/s/ Mark J. Rice
Mark J. Rice
Patrick J. McNeil
Attorneys for Defendants BANGKOK THAI EXPRESS,
INC., a California Corporation dba BANGKOK THAI
EXPRESS; and DONALD J. KELLEHER and DONNA B.
KELLEHER, Co-Trustees of THE KELLEHER FAMILY
TRUST of 1990, u/d/t dated July 14, 1990
By:

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ORDER

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TED

NO

Honorable Magistrate Nathanael Cousins
UNITED STATES DISTRICT JUDGE Cousins
.
thanael M
RT

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

Judge Na

R NIA

GRAN

FO

January 29
Dated: _____________, 2015

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ISTRIC
ES D
TC
AT
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LI

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enforcement be necessary

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

CASE NO. R
CV-13-5127-NC

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A

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

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

UNIT
ED

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F
D IS T IC T O
R

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-2-