Kapu Gems et al v. Diamond Imports, Inc. et al

Filing 146

ORDER OF DISMISSAL. Civil Case Terminated. Signed by Judge Maxine M. Chesney on 04/17/17. (mmclc2, COURT STAFF) (Filed on 4/17/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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KAPU GEMS, et al.,
Plaintiff,

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DIAMOND IMPORTS, INC., et al.,
Defendants.

United States District Court
Northern District of California

DIAMOND IMPORTS, INC.,
Counterclaimant,

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ORDER OF DISMISSAL

v.

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Case No. 15-cv-03531-MMC

v.
KAPU GEMS, et. al.,
Counterdefendants.
Before the Court is the Joint Status Report, filed April 14, 2017, in which the

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parties to the above-titled action apprise the Court that they have “formalized and

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executed a written Settlement Agreement and Release . . . and Stipulation for Entry of

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Judgment.” (See Joint Status Report, at 1:20-21.) The parties represent that their

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agreement includes the following provision:

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The Court Action is dismissed pursuant to the stipulation of
dismissal and settlement agreement the parties reached on
the record in open court on February 15, 2017. The Court
retains jurisdiction for the Entry of Judgment and as to any
disputes regarding the agreement reached between the
parties on the record in open court on February 15, 2017 and
this Settlement Agreement. Pursuant to 28 U.S.C. §636(c),
the parties consent to Chief Magistrate Judge Joseph C.
Spero having sole and exclusive jurisdiction of any dispute
arising between the parties regarding the drafting and
execution of this Agreement, the Entry of Judgment, and the
agreement reached between the parties on the record in open
court on February 15, 2017. In the event Chief Magistrate

Spero cannot serve in this capacity for any reason, the parties
stipulate to the designation by the Court of a Judge to replace
Chief Magistrate Spero. The parties further agree to waive
any right to appeal any decision of Chief Magistrate Judge
Spero or his successor regarding the drafting and execution of
this Agreement.

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(See id. at 2:7-15 (quoting parties’ agreement).)
In light of the parties’ agreement, the instant action is hereby DISMISSED with

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prejudice and the Court hereby RETAINS jurisdiction for the limited purposes set forth

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above.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: April 17, 2017
MAXINE M. CHESNEY
United States District Judge

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