Project Sentinel et al v. The Feirman Corporation et al

Filing 39

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 38 Stipulation; Finding as MOOT 34 MOTION for Partial Summary Judgment. The Court declines to retain jurisdiction to enforce the parties' settlement. Any future breach of the parties' S ettlement Agreement would be an ordinary breach of contract action that may be filed as a new action. The Clerk shall close this file. Motions terminated: 34 MOTION for Partial Summary Judgment. Signed by Judge James Ware on 6/11/2009. (ecg, COURT STAFF) (Filed on 6/11/2009)

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UNIT ED

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cbran càrt@ibra ncart. com
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cri sto I d e m-a n @ b ra n ca rt. co m

Attomeys for Plaintiffs

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COURT UNITED STATES DISTRICT R N
NORTHERN DISTRICT SAN JOSE DIVISION

F D IS T IC T O R OF CALIFORNIA
Gase No. G-08-02486 JW

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PROJECT SENTINEL, a Galifornia Nonprofit Gorporation; MICHAEL BAKER: and, SARAH BAKER; individúallv ánd on behalf of the GENERAL?UgTIC,

Plaintiffs,
vs.
THE FEIRMAN CORPORATION, a Galifornia Corporation; THE RIF FAMILY PARTN ERSHIP, L.P.; and, DON PHELPS;

JO¡NT APPLICATION AND STIPULATION FOR DISMISSAL OF ACTION. SUBJECT TO ONGOING TERMS OT SETTUEMENT AGREEMENT; IPROPOSEDI ORDER

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The parties hereby apply for and stipulate to issuance of an order dismissing this
action in its entirety with prejudice, subject to the terms of the settlement agreement

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and mutual release signed by the parties' The Setilement Agreement and Mutual Release contains non-monetary terms with which defendants are obligated to comply for a period of four years' lf plaintiffs contend that defendants violate any such terms during that four year period, the parties
will engage in reasonable, good faith efforts to resolve and cure the alleged violation' lf they are unable to resolve the díspute, plaintiff Project Sentinel may bring a motion to reopen the case and enforce the terms of the Settlement Agreement. The parties

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JOTNT APPLICATION AND STIPULATION FOR DISMISSAL OF ACTION, SUBJECT TO ONGOING TERMS OF SETTLEMENT AGREEMENT . CASE NO. C.08.02486 JW

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BRANCART & BRANCART Christopher Brancart (SBN 128475) Liza Cristol-De¡¡an (SBN 190516) Post Office Box 686 Pescadero, CA 94060 Tel: [phone]

Fax:

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stipulate that the Court shall retain jurísdiction of thls action for the purposes of adjudicating a motion seeking to enforce the terms of the Settlement Agreement. So stipulated.

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Dated: luþy43,2009.

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BRANCART & BRANCART

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Attomey for Plaintiff

Dated: May-Ê 2009.

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PAHL & MCCAY

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JOINT APPLICATION AND STIPULATION FOR DISMISSAL OF ACTION, SUBJECT TO ONGOING TERMS OF SETTLEMENT AGREEMENT - Gase No. C.08-02486 JW

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IPROPOSEDI ORDER
Based upon the foregoing application and stipulation and good cause appearing

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therefor, it is hereby ordered that this action is dismissed in its entirety, subject to the
terms of the Settlement Agreement executed by the parties. lf plaintiffs contend that defendants violate any terms of the Settlement Agreement during the period of time in

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new action to which the equitable terms of settlement are in effect, they may file a motion with this e ourt seeking to reopen That is, for Court declines enforcement. The Court enforce Cnforce the settlement. the case the the purposes of to retain jurisdiction to shall the parties' settlement. Any future breach of the parties' Settlement Agreement of good ceruse, including a showing that the pafties would be an ordinary breach of contract action that may be filed as a new action. have made reasonable, good Partial Summary Judgment is DENIED as moot. Plaintiffs' Motion for faith efforts to resolve the matter before filing the motion. (Docket Item No. 34.) The Clerk shall close this file. IT IS SO ORDERED.
reopen the case upon a showing Dated: 2009.

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Dated: June 11, 2009

________________________ JAMES WAREraþle James Ware Hono Un District Judge United Statesited States District Judge

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JOINT APPLICATION AND STIPULATION FOR DISMISSAL OF ACTION, SUBJECT TO ONGOING TERMS OF SETTLEMENT AGREEMENT - Case No. C-08-02486 JW

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