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)

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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: [phone]
Email: [e-mail]
Attorney for Plaintiffs
Irma Ramirez and Daren Heatherly

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRMA RAMIREZ, et al.
Plaintiff,

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v.
EARTHSONG, et al.
Defendants.

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CASE NO. 4:13-cv-04039-KAW
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON

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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).

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IT IS HEREBY STIPULATED by and between the parties to this action through their

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respective counsel that the above-captioned action may be dismissed with prejudice and that

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each side will bear its own costs and attorneys’ fees.

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The parties further consent to and request that the Court retain jurisdiction to enforce

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the parties' executed Settlement and Release Agreement in the event enforcement of the

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Agreement should become necessary. See Kokkonen v. Guardian Life Ins. Co. of Am., 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).

Joint Stipulation and Proposed Order

Case No. 13-04039

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IT IS SO STIPULATED.

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Dated: October 25, 2017

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By:
/s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for Plaintiff

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THOMAS E. FRANKOVICH, APLC
A PROFESSIONAL LAW CORPORATION

Dated: October 25, 2017

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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

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[Proposed] ORDER

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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.

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10/27
Dated: _____________, 2017

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Honorable Kandis A. Westmore
United States Magistrate Judge

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Joint Stipulation and Proposed Order

Case No. 13-04039