Fernandes v. Shiu et al

Filing 7

STIPULATION AND ORDER DISMISSING CASE. Signed by Magistrate Judge Kandis A. Westmore on 1/11/13. (sisS, COURT STAFF) (Filed on 1/15/2013)

THOMAS N. STEWART, III - #88128
ATTORNEY AT LAW
369 BLUE OAK LANE, 2nd FLOOR
CLAYTON, CA 94517
TELEPHONE [phone]
TELEFAX [phone]
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Attorneys for Michael Fernandes

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

MICHAEL FERNANDES,
Plaintiff,

Case No. CV 12-5239 KAW
STIPULATION OF DISMISSAL; ORDER

v.
MAURICE and ESTHER SHIU,
PERKIN SHIU, VANESSA SHIU,
MARTIN YUE, MADELINE YUE,
DANIEL and MATILDA SHIU,
Defendants.
__________________________________/

The parties hereto stipulate as follows:
The parties have reached a full and final settlement of all issues in this action. A
Settlement Agreement between the parties 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 retain jurisdiction for 21 months from the
date hereof in order to enforce the terms of the Settlement Agreement under the authority of

CV 12-5239 KAW

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Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).
Although the parties are hereby dismissing this action with prejudice, they agree that
the Court will 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 this action be and hereby is dismissed with prejudice pursuant to FRCP
41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for
21 months after the date hereof.
Date: January 10, 2013

Date: January 10, 2013

S/Bruce C. Paltenghi,
Attorney for Defendants

S/Thomas N. Stewart, III,
Attorney for Plaintiff

IT IS SO ORDERED:

Date: 1/11/13

CV 12-5239 KAW

________________________________
Judge/Magistrate

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