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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1 2 3 4 5 THOMAS E. FRANKOVICH (S.B.N. 074414) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 1832-A Capitol Street Vallejo, CA 94590 Telephone: (415) 444-5800 Facsimile: (415) 674-9900 Email: tfrankovich@disabilitieslaw.com 6 Attorney for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 DAREN HEATHERLY, et al., 12 13 14 15 16 17 18 19 Plaintiff, v. SONOMA COUNTY FAIR AND EXPOSITION, INC., et al., Defendants. ) CASE NO. 4:13-cv-04327-KAW ) ) ) STIPULATION OF DISMISSAL AND ) [PROPOSED] ORDER THEREON ) ) ) ) ) ) ) ) ) ) ) ) 20 21 22 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). 23 IT IS HEREBY STIPULATED by and between parties to this action through their 24 designated counsel that the above-captioned action become and hereby is dismissed with 25 prejudice and each side is to bear its own costs and attorneys’ fees. 26 27 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 1 The parties further consent to and request that the Court retain jurisdiction over 2 enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) 3 (empowering the district courts to retain jurisdiction over enforcement of settlement 4 agreements). 5 6 This stipulation may be executed in counterparts, all of which together shall constitute one original document. Respectfully Submitted, 7 8 Dated: April 11, 2016 THOMAS E. FRANKOVICH, APLC A PROFESSIONAL LAW CORPORATION 9 10 By: /s/ Thomas E. Frankovich Thomas E. Frankovich Attorney for Plaintiffs 11 12 13 Dated: April 11, 2016 BERTRAND, FOX , ELLIOT, OSMAN & WENZEL 14 15 By: /s/ Eugene Burton Elliot Eugene Burton Elliot Attorney for Defendants 16 17 18 19 ORDER IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 20 21 Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys’ fees. IT IS 22 FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing 23 the parties’ Settlement Agreement and General Release should such enforcement be 24 necessary. 25 4/12 Dated: _____________, 2016 26 27 Hon. Kandis A. Westmore UNITED STATES MAGISTRATE JUDGE 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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