Heatherly et al v. SEBT LLC

Filing 13

ORDER by Magistrate Judge Maria-Elena James granting 12 Stipulation for Dismissal. (rmm2S, COURT STAFF) (Filed on 11/5/2015)

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THOMAS E. FRANKOVICH (SBN #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
1832-A Capitol Street
Vallejo, CA 94950
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARIN HEATHERLY AND IRMA
RAMIREZ,
Plaintiffs,

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v.

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SEBT, LLC,

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Defendants.

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CASE NO.: 3:15-cv-00851- MEJ
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).
Therefore, 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.
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).

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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

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Dated: November 5, 2015

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By:

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

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Dated: November 5, 2015

ALLMAN & NIELSEN, P.C.

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By:

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/s/ Sara B. Allman
Sara B. Allman
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

18 Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys’ fees. IT IS FURTHER
19 ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties’
20 Settlement Agreement and General Release should such enforcement be necessary.
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November 5
Dated: _____________, 2015

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MARIA-ELENA JAMES
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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