Ramirez et al v. Earthsong et al

Filing 55

STIPULATION AND ORDER OF DISMISSAL re 54 . STIPULATION WITH PROPOSED ORDER for dismissal of entire action with prejudice filed by Irma Ramirez. ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 10/27/17. (sisS, COURT STAFF) (Filed on 10/27/2017)

Download PDF
1 2 3 4 5 6 THOMAS E. FRANKOVICH (State Bar #074414) AMANDA LOCKHART (State Bar #289900) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 702 Mangrove Avenue, #304 Chico, CA 95926 Telephone: (415) 389-8600 Email: tfrankovich@disabilitieslaw.com Attorney for Plaintiffs Irma Ramirez and Daren Heatherly 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 IRMA RAMIREZ, et al. Plaintiff, 13 14 15 16 v. EARTHSONG, et al. Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) CASE NO. 4:13-cv-04039-KAW STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON 18 19 20 The Parties, by and through their respective counsel, stipulate to the dismissal of this action in its entirety with prejudice pursuant to Fed. R. Civ. P. 41(a)(2). 21 IT IS HEREBY STIPULATED by and between the parties to this action through their 22 respective counsel that the above-captioned action may be dismissed with prejudice and that 23 each side will bear its own costs and attorneys’ fees. 24 The parties further consent to and request that the Court retain jurisdiction to enforce 25 the parties' executed Settlement and Release Agreement in the event enforcement of the 26 Agreement should become necessary. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 27 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of 28 settlement agreements). Joint Stipulation and Proposed Order Case No. 13-04039 1 IT IS SO STIPULATED. 2 3 Dated: October 25, 2017 4 By: /s/ Thomas E. Frankovich Thomas E. Frankovich Attorney for Plaintiff 5 6 7 THOMAS E. FRANKOVICH, APLC A PROFESSIONAL LAW CORPORATION Dated: October 25, 2017 8 9 LAW OFFICE OF JASON G. GONG A Professional Corporation By: /s/ Jason G. Gong Jason G. Gong Attorney for Defendants William Kennedy and Alycia F. Kennedy 10 11 12 [Proposed] ORDER 13 14 15 16 17 18 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(2) and that each side shall bear its own costs and attorneys’ fees. IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties’ executed Settlement and Release Agreement should such enforcement become necessary. 19 20 10/27 Dated: _____________, 2017 21 Honorable Kandis A. Westmore United States Magistrate Judge 22 23 24 25 26 27 28 Joint Stipulation and Proposed Order Case No. 13-04039

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?