Yates et al v. Hsu et al

Filing 14

STIPULATION AND ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 12/22/09. (nah, COURT STAFF) (Filed on 12/22/2009)

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THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy, Suite 300 San Rafael, CA 94903 Telephone: [phone] Facsimile: 415/674-9900 CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 CRAIG YATES, an individual; and ) 11 DISABILITY RIGHTS, ENFORCEMENT, ) EDUCATION, SERVICES:HELPING YOU ) 12 HELP OTHERS, a California public benefit ) corporation, ) 13 ) Plaintiffs, ) 14 ) v. ) 15 ) ARTHUR C. S. HSU, and GLENDY M. H. ) 16 HSU TRUSTEES UDT; and RAYMOND ) HSU, an individual, ) 17 ) ) 18 Defendants. ) ____________________________________) 19 20 The parties, by and through their respective counsel, stipulate to dismissal of this action in 21 its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the 22 Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own 23 costs and attorneys' fees. The parties further consent to and request that the Court retain 24 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 25 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement 26 agreements). 27 /// 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CASE NO. CV-08-4983-PJH STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through

2 their designated counsel that the above-captioned action be and hereby is dismissed with prejudice 3 pursuant to Federal Rules of Civil Procedure section 41(a)(1). 4 This stipulation may be executed in counterparts, all of which together shall constitute one

5 original document. 6 7 Dated: December 16, 2009 8 9 10 11 12 13 14 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON -2By: /s/ Thomas E. Frankovich Attorney for CRAIG YATES and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES:HELPING YOU HELP OTHERS THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION

1 Dated: December 9, 2009 2 3 4 5 6 7 8

RANDALL P. CHOY HEDANI, CHOY, SPALDING &SALVAGIONE By: _________/s/_________________ Randall P. Choy Attorneys for ARTHUR C. S. HSU, and GLENDY M. H. HSU TRUSTEES UDT; and RAYMOND HSU, an individual

ORDER 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON -3December 16 Dated: _____________, 2009 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary.

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Honorable Phyllis J. Hamilton UNITED STATE DISTRICT JUDGE lton J. Hami Phyllis Judge

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