Johnson v. Viet

Filing 11

STIPULATION OF DISMISSAL AND ORDER. Signed by Judge Nathanael Cousins on 2/3/2015. (lmh, COURT STAFF) (Filed on 2/3/2015)

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THOMAS N. STEWART, III - #88128
ATTORNEY AT LAW
369 BLUE OAK LANE, 2nd FLOOR
CLAYTON, CA 94517
TELEPHONE [phone]
E-MAIL [e-mail]

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Jason G. Gong (SBN 181298)
LAW OFFICE OF JASON G. GONG
A Professional Corporation
2121 N. California Blvd., Suite 290
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff DAVID JOHNSON

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID JOHNSON,
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Plaintiff,
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vs.
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TRUONG CHUNG VIET,
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Defendant.
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1.

Case No. 3:14-cv-03142-NC
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER

The parties hereby stipulate as follows:

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The parties have reached a full and final settlement of all issues in this action and

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have executed a settlement agreement. Some parts of the agreement are to be performed in the

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future.

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2.

Although the parties are hereby dismissing this action with prejudice, they agree

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that the Court shall retain jurisdiction over this action and the parties hereto in order to be able to

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enforce the terms of the Settlement Agreement.

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3.

The parties request the Court to retain jurisdiction for 18 months from the date

hereof in order to enforce the terms of the Settlement Agreement under the authority of
__________________________________________________________________________________________________________________

Johnson v. Viet, Case No. 3:14-cv-03142-NC
Stipulation of Dismissal and [Proposed] Order
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Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994) and General

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Order No. 56 at ¶ 7 (N.D. Cal.) (July 17, 2003) ("Should any settlement be conditioned upon

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future conduct such as remediation, the assigned judge will retain jurisdiction to enforce that

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component of the settlement.").

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4.

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

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their designated counsel that this action be and hereby is dismissed with prejudice pursuant to

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FRCP 41(a)(2), and that the Court retains jurisdiction to enforce the terms of the Settlement

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Agreement for 18 months after the date hereof.

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Respectfully submitted,
Dated: January 28, 2015

LAW OFFICE OF JASON G. GONG
A Professional Corporation

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/s/ Jason G. Gong
By: _____________________________________
Jason G. Gong
Attorney for Plaintiff David Johnson

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Dated: January 28, 2015
/s/ Mary R. Dang
By: _____________________________________
Mary R. Dang
Mary R. Dang
Attorney for Defendant Truong Chung Viet

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IT IS SO ORDERED:

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February 3
Dated: January 28, 2015

UNIT
ED

TED
GRAN
_______________________________

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NATHANAEL COUSINS
United States Magistrate Judge s
Cousin

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Johnson v. Viet, Case No. 3:14-cv-03142-NC
Stipulation of Dismissal and [Proposed] Order
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with prejudice and retains jurisdiction to enforce the terms of the parties' settlement agreement.

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Pursuant to the parties' stipulation, the Court hereby dismisses the above-referenced action

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[PROPOSED] ORDER

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