Futia v. Mavridis et al

Filing 5

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 5/10/10. (lrc, COURT STAFF) (Filed on 5/10/2010)

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Case4:09-cv-05277-SBA Document4 Filed04/30/10 Page1 of 2 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 Rick Futia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICK FUTIA, Plaintiff, v. THEODORE and CORRINE MAVRIDIS, as Trustees, Defendants. __________________________________/ Case No. CV 09-5277 SBA STIPULATION OF DISMISSAL; ORDER 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 Defendants 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 CV 09-5277 SBA 1 Case4:09-cv-05277-SBA Document4 Filed04/30/10 Page2 of 2 jurisdiction for one year from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). 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 one year after the date hereof. Date: April 29, 2010 Date: April 30, 2010 S/Edward W. Polson, Attorney for Defendants S/Thomas N. Stewart, III, Attorney for Plaintiff IT IS SO ORDERED: Date: 5/10/10 ________________________________ XXXXXX Judge/Magistrate CV 09-5277 SBA 2

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