Dytch v. Tachavirat

Filing 23

STIPULATION AND ORDER OF DISMISSAL. Case referred to a U.S. Magistrate Judge to retain jurisdiction to enforce terms of settlement. The action continues as to the Third-Party Complaint. Signed by Judge Saundra Brown Armstrong, on 10/22/09. (lrc, COURT STAFF) (Filed on 10/22/2009) Modified on 10/23/2009 (jlm, COURT STAFF).

Download PDF
THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2nd FLOOR CLAYTON, CA 94517 TELEPHONE (925) 672-8452 TELEFAX (925) 673-1729 Attorneys for Albert Dytch UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALBERT DYTCH, Plaintiff, v. LYKIENG TACHAVIRAT, Defendants. __________________________________/ and Third Party Complaint. __________________________________/ The Parties hereto stipulate as follows: The Plaintiff and Defendant (hereafter the "Parties") have reached a full and final settlement of all issues between them in this action. A Settlement Agreement between the Plaintiff and Defendant has been fully executed. Some parts of the Settlement Agreement are to be performed in the future. The Parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The Parties request the Court to appoint a U.S. Magistrate Judge to retain jurisdiction for two years from the date hereof in order to enforce the terms of the Settlement C 08-5625-SBA 1 Case No. C 08-5625-SBA STIPULATION OF DISMISSAL OF COMPLAINT; ORDER Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). Although the Parties are hereby dismissing the Complaint with prejudice, they agree that the Court will appoint a U.S. Magistrate Judge to retain jurisdiction over this action and the Parties hereto in order to be able to enforce the terms of the Settlement Agreement. IT IS HEREBY STIPULATED by and between the Parties to this action through their designated counsel that Complaint be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court shall appoint a U.S. Magistrate Judge to retain jurisdiction to enforce the terms of the Settlement Agreement for two years after the date hereof. THIS ACTION CONTINUES as to the Third Party Complaint. Date: October 19, 2009 Date: October 20, 2009 S/Frank Mayo, Attorney for Defendant IT IS SO ORDERED: S/Thomas N. Stewart, III, Attorney for Plaintiff Date: 10/22/09 ________________________________ Judge C 08-5625-SBA 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?