The Brix Group, Inc v. Coastal Wireless, LLC et al

Filing 77

STIPULATION OF DISMISSAL RE DEFENDANT DAVID MICHAEL LICAVOLI; ORDER re 74 Stipulation filed by The Brix Group, Inc. Signed by Judge Paul S. Grewal on February 28, 2011. (psglc1, COURT STAFF) (Filed on 2/28/2011)

The Brix Group, Inc v. Coastal Wireless, LLC et al

Doc. 77

Case5:08-cv-04713-PSG Document74

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MARK S. CARLQUIST, ESQ. SB#096341 654 North Santa Cruz Avenue, Suite E Los Gatos, CA 95030 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Plaintiff, The Brix Group, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THE BRIX GROUP, INC., a California corporation, Plaintiff, vs. COASTAL WIRELESS, L.L.C., an Arizona limited liability company, dba Coastal Wireless; MATTHEW S. BLANC, aka MATT BLANC; JOSHUA ETHAN ENGSTROM, aka JOSHUA ENGSTROM; ROBERT WHITNEY FORD, aka ROBERT W. FORD; DAVID MICHAEL LICAVOLI, aka DAVID LICAVOLI; and DOES 1 through 10, inclusive, Defendants. CASE NO. 5:08-cv-04713PVT STIPULATION OF DISMISSAL RE: DEFENDANT DAVID MICHAEL LICAVOLI; ORDER

IT IS HEREBY STIPULATED by and between Plaintiff The Brix Group, Inc. ("Plaintiff Brix"), and Defendant David Michael Licavoli, aka David Licavoli ("Defendant Licavoli"), through their designated counsel, as follows: Plaintiff Brix and Defendant Licavoli have reached a full and final settlement of all their respective issues in this action, and a Settlement Agreement between these parties has

STIPULATION OF DISMISSAL RE: DEFENDANT DAVID MICHAEL LICAVOLI; ORDER

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been fully executed. Under the terms of the Settlement Agreement, Defendant Licavoli is to perform his payment obligation on or before April 8, 2011. The parties shall comply with their Settlement Agreement, a copy of which is incorporated herein by reference as if fully set forth. Plaintiff Brix and Defendant Licavoli hereby stipulate that this Court shall retain jurisdiction to enforce the Settlement Agreement until June 1, 2011, in accordance with and under the authority set forth in Kokkonen v. Guardian Life Ins. Co. of America, 511 US 381382. Although the parties hereto are 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 until June 1, 2011. SO STIPULATED,

Date: February 10, 2011

____/S/______________________ Mark S. Carlquist, Attorney for Plaintiff, THE BRIX GROUP, INC.

Date: February 8, 2011

_____/S/_____________________ R. David Sobel Altfeld & Battaile P.C. Attorney for Defendant, DAVID MICHAEL LICAVOLI, AKA DAVID LICAVOLI

IT IS SO ORDERED: 26 27 28
February 28, 2011 Date: ____________________

___________________________ XXXXXXXXXXXXXXX U.S. District Judge
MAGISTRATE JUDGE

STIPULATION OF DISMISSAL RE: DEFENDANT DAVID MICHAEL LICAVOLI; ORDER

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

Dated: February 10, 2011

_______/S/_____________________________ MARK S. CARLQUIST

STIPULATION OF DISMISSAL RE: DEFENDANT DAVID MICHAEL LICAVOLI; ORDER

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