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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?