Ramirez et al v. San Francisco Municipal Transportation Agency et al

Filing 22

ORDER DISMISSING CASE. Signed by Magistrate Judge Donna M. Ryu on 01/09/2014. (dmrlc1, COURT STAFF) (Filed on 1/9/2014)

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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
[e-mail]

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Attorney For Plaintiffs , IRMA RAMIREZ; and
DAREN HEATHERLY

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UNITED STATES DISTRICT COURT
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DISTRICT OF CALIFORNIA
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IRMA RAMIREZ; and
DAREN HEATHERLY

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Plaintiffs,
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v.
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SAN FRANCISCO MUNICIPAL
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TRANSPORTATION AGENCY; and
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CITY and COUNTY OF SAN
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FRANCISCO,
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Defendants.
___________________________________ )

CASE NO. CV-12-3656-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)(2). 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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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

CASE NO. CV-12-3656-DMR

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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 become and hereby is dismissed with

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prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).

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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: January 8, 2014

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By: /s/Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiffs IRMA RAMIREZ; and
DAREN HEATHERLY

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Dated: January 8, 2014

DENNIS J. HERRERA
City Attorney

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CHERYL ADAMS

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Chief Trial Deputy
DAVID W. AMMONS
Deputy City Attorney

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By:

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/s/ David W. Ammons
DAVID W . AMMONS

Attorneys for Defendant

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CITY AND COUNTY OF SAN FRANCISCO

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ORDER

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

DISTR

ICT
Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the CourtS
TE shall retain jurisdiction for

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

RT

UNITED STATES DISTRICT JUDGE

ER

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

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H

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FO

u
a M. Ry
DonnM. Ryu
Honorable MagistrateeDonna
Judg

R NIA

DERED

O OR
IT IS S

NO

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Jan. 9
Dated: _____________, 2014

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LI

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UNIT
ED

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enforcement be necessary

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RT
U
O

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S

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N

OF

CASE D I S T R I C T
NO. CV-12-3656-DMR

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