Heatherly et al v. Wagon Wheel Liquor and Deli et al

Filing 26

STIPULATION OF DISMISSAL AND ORDER THEREON. Signed by Judge Maxine M. Chesney on May 25, 2016. (mmclc2, COURT STAFF) (Filed on 5/25/2016)

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THOMAS E. FRANKOVICH (S.B.N. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
1832-A Capitol Street
Vallejo, CA 94590
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorney for Plaintiffs
IRMA RAMIREZ; and
DAREN HEATHERLY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRMA RAMIREZ, et al.,

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Plaintiffs,
v.
WAGON WHEEL LIQUOR & DELI, et
al.,
Defendants.

) CASE NO. CV-14-05517-MMC
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) STIPULATION OF DISMISSAL AND
) [PROPOSED] ORDER THEREON
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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).
IT IS HEREBY STIPULATED by and between parties to this action through their
designated counsel that the above-captioned action become and hereby is dismissed with
prejudice and each side is to bear its own costs and attorneys’ fees.

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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The parties further consent to and request that the Court retain jurisdiction over

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enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994)

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(empowering the district courts to retain jurisdiction over enforcement of settlement

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agreements).

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This stipulation may be executed in counterparts, all of which together shall
constitute one original document.
Respectfully Submitted,

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Dated: May 23, 2016

THOMAS E. FRANKOVICH, APLC
A PROFESSIONAL LAW CORPORATION

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By: /s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiffs

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Dated: May 23, 2016

PERRY JOHNSON ANDERSON MILLER &
MOSKOWITZ LLP

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By: /s/ Scott A. Lewis
Scott A. Lewis
Attorney for Defendants

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ORDER

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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
FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing

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the parties’ Settlement Agreement and General Release should such enforcement be

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necessary.

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May 25
Dated: _____________, 2016

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Hon. Joseph C. Spero
UNITED STATES MAGISTRATE JUDGE
Hon. Maxine M. Chesney
UNITED STATES DISTRICT JUDGE
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER