Ramirez v. 2790 Santa Rosa Ave

Filing 21

STIPULATION OF DISMISSAL AND ORDER THEREON by Hon. William Alsup granting 20 Stipulation.(whalc1, COURT STAFF) (Filed on 10/17/2016)

1
2
3
4
5
6
7

THOMAS E. FRANKOVICH (S.B.N. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
702 Mangrove Avenue, #304
Chico, CA 95926
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorney for Plaintiff
IRMA RAMIREZ

8
9

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19
20

) CASE NO. 3:15-cv-01195-WHA
)
)
Plaintiff,
) STIPULATION OF DISMISSAL AND
) [PROPOSED] ORDER THEREON
v.
)
)
2790 SANTA ROSA AVE. (aka)
)
AVENUE SHOPPES; CARMANN L.
)
BREKKE; and DONNA M. BREKKE, et )
)
al.,
)
)
Defendants.
)
)
)
)
IRMA RAMIREZ,

21
22
23
24
25
26

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.

27
28
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

1

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

2

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

3

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

4

agreements).

5
6

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

7
8

Dated: October 14, 2016

9
10

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

11
12
13

Dated: October 14, 2016

14

16
17

19
20

CLEMENT, FITZPATRICK & KENWORTHY
By: /s/ Peter C. De Golia
Peter C. De Golia
Attorney for Defendants

15

18

THOMAS E. FRANKOVICH, APLC
A PROFESSIONAL LAW CORPORATION

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
24
25
26

necessary. for 90 days.
October 17
Dated: _____________, 2016
Hon. William Alsup
UNITED STATES MAGISTRATE JUDGE

27
28
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER