Irma Ramirez, et al v. Original US Restaurant, et al

Filing 25

STIPULATION AND ORDER re 24 STIPULATION WITH [PROPOSED] Dismissal with prejudice filed by Daren Heatherly, Irma Ramirez. Signed by Judge Jon S. Tigar on December 17, 2015. (wsn, COURT STAFF) (Filed on 12/17/2015)

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1 2 3 4 5 6 7 8 THOMAS E. FRANKOVICH (S.B.N. 074414) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 1832-A Capitol Street Vallejo, CA 94590 Telephone: (415) 444-5800 Facsimile: (415) 674-9900 Email: tfrankovich@disabilitieslaw.com Attorney for Plaintiffs IRMA RAMIREZ and DAREN HEATHERLY 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 IRMA RAMIREZ and DAREN HEATHERLY, Plaintiffs, 14 15 v. 16 ORIGINAL US RESTAURANT; 501 COLUMBUS LLC; and TRINACRIA BROS., INC., 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28 ) CASE NO. 3:14-cv-03244-JST ) ) ) 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 side 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 1 Therefore, IT IS HEREBY STIPULATED by and between the parties to this action 2 through their designated counsel that the above-captioned action become and hereby is 3 dismissed with prejudice. 4 5 This stipulation may be executed in counterparts, all of which together shall constitute one original document. Respectfully Submitted, 6 7 Dated: December 17, 2015 8 THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 9 By: /s/ Thomas E. Frankovich Thomas E. Frankovich Attorney for Plaintiffs 10 11 12 13 Dated: December 17, 2015 14 By: /s/ Mark Libarle Marc Libarle Attorney for Defendants 15 16 17 18 19 20 LAW OFFICES OF MARC LIBARLE ORDER IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys’ fees. IT IS 21 FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing 22 the parties’ Settlement Agreement and General Release should such enforcement be 23 necessary. 24 25 26 27 Dated: _____________, 2015 December 17 Hon. Jon S. Tigar UNITED STATES DISTRICT JUDGE 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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