Futia v. Willow Glen Investments, LLC et al

Filing 6

STIPULATION AND ORDER RE DISMISSAL re 5 Stipulation filed by Rick Futia. Signed by Judge Patricia V. Trumbull on November 24, 2008. (pvtlc2, COURT STAFF) (Filed on 11/24/2008)

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Case 5:08-cv-02543-PVT Document 5 Filed 11/21/2008 Page 1 of 2 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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICK FUTIA, Plaintiff, v. WILLOW GLEN INVESTMENTS, LLC and ASIAN GARDEN RESTAURANT, INC., Defendants. __________________________________/ Case No. C 08-2543 PVT 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 4 years from the date C 08-2543 PVT 1 Case 5:08-cv-02543-PVT Document 5 Filed 11/21/2008 Page 2 of 2 hereof in order to enforce the terms of the Settlement Agreement under the authority of 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 4 years after the date hereof. Date: November 20, 2008 Date: November 21, 2008 S/Linda H. Nguyen, Attorney for Defendants IT IS SO ORDERED: S/Thomas N. Stewart, III, Attorney for Plaintiff Date: 11/24/2008 ________________________________ Judge/Magistrate C 08-2543 PVT 2

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