Heatherly et al v. Sonoma County Fair and Exposition, Inc. et al

Filing 18

STIPULATION AND ORDER OF DISMISSAL re 17 STIPULATION WITH PROPOSED ORDER of Dismissal with Prejudice filed by Sonoma County Fair and Exposition, Inc., Irma Ramirez, County of Sonoma, Harrison Benson Kinney Jr., Daren Heatherly, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 4/12/16. (sisS, COURT STAFF) (Filed on 4/12/2016)

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THOMAS E. FRANKOVICH (S.B.N. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
1832-A Capitol Street
Vallejo, CA 94590
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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DAREN HEATHERLY, et al.,

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Plaintiff,
v.
SONOMA COUNTY FAIR AND
EXPOSITION, INC., et al.,
Defendants.

) CASE NO. 4:13-cv-04327-KAW
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) 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 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 parties to this action through their

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designated counsel that the above-captioned action become and hereby is dismissed with

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prejudice and each side is to bear its own costs and attorneys’ fees.

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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

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enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994)

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(empowering the district courts to retain jurisdiction over enforcement of settlement

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agreements).

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This stipulation may be executed in counterparts, all of which together shall
constitute one original document.
Respectfully Submitted,

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Dated: April 11, 2016

THOMAS E. FRANKOVICH, APLC
A PROFESSIONAL LAW CORPORATION

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

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Dated: April 11, 2016

BERTRAND, FOX , ELLIOT, OSMAN & WENZEL

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By: /s/ Eugene Burton Elliot
Eugene Burton Elliot
Attorney for Defendants

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

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Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys’ fees. IT IS

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FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing

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the parties’ Settlement Agreement and General Release should such enforcement be

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necessary.

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4/12
Dated: _____________, 2016

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Hon. Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER