Heatherly et al v. Office Depot, Inc. et al

Filing 21

STIPULATION AND ORDER OF DISMISSAL re 20 STIPULATION WITH PROPOSED ORDER re dismissal with prejudice filed by Daren Heatherly, Irma Ramirez, Office Depot, Inc., McDevitt Enterprises, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 12/1/15. (sisS, COURT STAFF) (Filed on 12/1/2015)

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THOMAS E. FRANKOVICH (SBN #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
1832-A Capitol Street
Vallejo, CA 94590
Telephone: [phone]
Facsimile:
[phone]
Email: [e-mail]
Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
)
)
)
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Plaintiffs,
)
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v.
)
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OFFICE DEPOT, INC., a Delaware
Corporation dba OFFICE DEPOT STORE )
#829; and MCDEVITT ENTERPRISES, a )
)
California Limited Partnership,
)
)
Defendants.
)
DAREN HEATHERLY; and IRMA
RAMIREZ,

CASE NO. 4:15-cv-00517-KAW
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).
Therefore, IT IS HEREBY STIPULATED by and between the parties to this action through
their designated counsel that the above-captioned action become and hereby is dismissed with
prejudice and each side is to bear its own costs and attorneys’ fees.
The parties further consent to and request that the Court retain jurisdiction over enforcement
of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the
district courts to retain jurisdiction over enforcement of settlement agreements).

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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

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Dated: November 20, 2015

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THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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

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Dated: November 20, 2015

By: /s/ Maureen A. Rogers
Maureen A. Rodgers
Attorney for Defendants

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ORDER

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LITTLER MENDELSON

IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to
Fed.R.Civ.P.41(a)(2) and each side is to bear its own costs and attorneys’ fees. IT IS FURTHER
ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties’
Settlement Agreement and General Release should such enforcement be necessary.

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12/1
Dated: _____________, 2015
Hon. Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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