Yates v. Dan's Liquors et al

Filing 18

ORDER DISMISSING CASE, ***Civil Case Terminated., Motions terminated: 15 STIPULATION WITH PROPOSED ORDER STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON filed by Craig Yates. Signed by Magistrate Judge Donna M. Ryu on 7/19/2012. (hlkS, COURT STAFF) (Filed on 7/19/2012)

Case4:11-cv-01948-DMR Document15 Filed04/10/12 Page1 of 2

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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

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Attorneys for Plaintiff CRAIG YATES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CRAIG YATES, an individual,
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Plaintiff,
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v.
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DAN’S LIQUORS; KENNETH L.
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HOSFIELD, Trustee of U.D.T. dated
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February 8, 1990,
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Defendants.
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___________________________________ )

CASE NO. CV-11-1948-DMR
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

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in 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

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U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of

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settlement agreements).

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///

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-11-1948-DM R

Case4:11-cv-01948-DMR Document15 Filed04/10/12 Page2 of 2

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

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their designated counsel that the above-captioned action be and hereby is dismissed with

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prejudice 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 original document.

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Dated: April 10, 2012

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual

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By:

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Dated: April 10, 2012

ALLMAN & NIELSEN P.C.

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/s/ Sara B. Allman
Sara B. Allman,
Attorneys for KENNETH L. HOSFIELD,
Trustee of U.D.T. dated February 8, 1990
By:
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ORDER

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NO

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Honorable
UNITED STATE DISTRICT JUDGE
u
a M. Ry
e Donn
Judg
R NIA

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D
RDERE

OO
IT IS S

RT

FO

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July 19, 2012
Dated: _____________, 2011

ISTRIC
ES D
TC
AT
T

RT
U
O

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enforcement be necessary

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
E

RN

LI

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the purpose of enforcing the parties’ Settlement Agreement and General Release should such

CASE NO. CV-11-1948-DM R

A

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

S

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

UNIT
ED

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F
D IS T IC T O
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