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)
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?