Loskot v. El Charro Restaurant et al

Filing 23

STIPULATION AND ORDER OF DISMISSAL. Signed by Magistrate Judge Laurel Beeler on 6/22/2011. (ls, COURT STAFF) (Filed on 6/22/2011)

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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:
415/674-8600
Facsimile:
415/674-9900
Attorneys for Plaintiff MARSHALL LOSKOT,
an individual

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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v.
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EL CHARRO RESTAURANT;
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WELLINGTON UGARTE PALACIOS;
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BLANCA UGARTE PALACIOS; and
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UGARTE-PALACIOS, INC., a California )
corporation,
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Defendants.
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___________________________________ )
MARSHALL LOSKOT, an individual,
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CASE NO. CV-09-2439-LB
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
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its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the
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Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
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costs and attorneys’ fees. The parties further consent to and request that the Court retain
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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

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agreements).
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-09-2439-LB

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

5 original document.
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7 Dated: June 13, 2011
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THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By:

/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorneys for Plaintiff MARSHALL LOSKOT

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Dated: June , 2011
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JEFFER, MANGELS, BUTLER &
MITCHELL, LLP

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By:

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Martin H. Orlick
Attorney for Defendants, WELLINGTON
UGARTE; and UGARTE-PALACIOS, INC.,

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ORDER

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IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to

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Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the

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purpose of enforcing the parties’ Settlement Agreement and General Release should such
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enforcement be necessary.

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26 Dated: _____________, 2011
June 22
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Honorable Magistrate Judge Laurel Beeler
UNITED STATES DISTRICT JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-09-2439-LB

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