Futia v. Colombini et al
STIPULATION AND ORDER OF DISMISSAL with Prejudice. The Court retains jurisdiction to enforce the terms of the Settlement Agreement for 18 months after the date re 14 Stipulation. The Clerk shall close this file. Signed by Judge James Ware on 11/4/2008. (ecg, COURT STAFF) (Filed on 11/4/2008)
S DISTRICT TE C TA
THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2nd FLOOR CLAYTON, CA 94517 TELEPHONE (925) 672-8452 TELEFAX (925) 673-1729 Attorneys for Rick Futia
F D IS T IC T O R
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
RICK FUTIA, Plaintiff, v. RICHARD and JANEY COLOMBINI as Trustees of the Colombini Family 1993 Revocable Living Trust, Defendants. __________________________________/
Case No. C 07-5460-JW STIPULATION OF DISMISSAL; ORDER
The parties hereto stipulate as follows: The parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed. Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The parties request the Court to retain jurisdiction for 18 months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of C 07-5460-JW 1
m Judge Ja
ORD T IS SO
RT U O
Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994). Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for 18 months after the date hereof. Date: October 30, 2008 Date: October 31, 2008
S/Martin H. Orlick Attorney for Defendants IT IS SO ORDERED:
The Clerk shall close this file.
S/Thomas N. Stewart, III, Attorney for Plaintiff
November 4, 2008
________________________________ JAMES WARE Judge/Magistrate
U.S. District Judge
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