Fernandes v. Wightman et al

Filing 15

STIPULATION AND ORDER re Dismissal signed by Chief Magistrate Judge Elizabeth D. Laporte, ***Civil Case Terminated.(shyS, COURT STAFF) (Filed on 7/30/2014)

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THOMAS N. STEW ART, III - #88128 ATTORNEY AT LAW 369 Blue Oak Lane Clayton, CA 94517 TELEPHONE (925) 672-8452 E-MAIL t_stew_3@yahoo.com Attorneys for Michael Fernandes UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAEL FERNANDES, Plaintiff, Case No. CV 14-364 EDL STIPULATION OF DISMISSAL; ORDER v. KAY WIGHTM AN, et al., Defendants. __________________________________/ The parties hereto stipulate as follows: The parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed. Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The parties request the Court to retain jurisdiction for 30 months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). CV 14-364 EDL 1 Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for 30 months after the date hereof. Date: July 26, 2014 Date: July 26, 2014 S/Roni Rotholz Attorney for Hossein Mirmotalebisohi, erroneously spelled in the Amended Complaint as “Hossein Mirmotleohi” and “Hossein Mirmotalebi” S/Thomas N. Stewart, III, Attorney for Plaintiff IT IS SO ORDERED: Date: July 29, 2014 CV 14-364 EDL ________________________________ Judge/Magistrate 2

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