Futia v. Lau et al

Filing 6

STIPULATION OF DISMISSAL; ORDER re 5 Stipulation filed by Rick Futia. Signed by Judge Patricia V. Trumbull on March 27, 2009. (pvtlc2, COURT STAFF) (Filed on 3/27/2009)

Case 5:08-cv-05223-PVT

Document 5

Filed 03/26/2009

Page 1 of 2

THOMAS N. STEWART, III - #88128 ATTORNEY AT LAW 369 BLUE OAK LANE, 2nd FLOOR CLAYTON, CA 94517 TELEPHONE [phone] TELEFAX [phone] Attorneys for Rick Futia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RICK FUTIA, Plaintiff, v. SHEK YEE LAU, REBECCA LAU, CHOOK YEE LAU and LINDA LAU, Defendant. __________________________________/

Case No. C 08-5223 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 18 months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of C 08-5223 PVT 1

Case 5:08-cv-05223-PVT

Document 5

Filed 03/26/2009

Page 2 of 2

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: March 26, 2009 Date: March 26, 2009

S/Richard Cole, Attorney for Defendants IT IS SO ORDERED:

S/Thomas N. Stewart, III, Attorney for Plaintiff

Date:

March 27, 2009

________________________________ Judge/Magistrate

C 08-5223 PVT

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