Gomez v. Lee et al

Filing 16

STIPULATION AND ORDER GRANTING Dismissal with prejudice pursuant to FRCP 41(a)(2)re 15 Stipulation. The Clerk shall close this file. Signed by Judge James Ware on 10/27/2009. (ecg, COURT STAFF) (Filed on 10/27/2009)

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UNIT ED

F D IS T IC T O R IN AND FOR NORTHERN DISTRICT OF CALIOFORNIA

RN UNITED STATES DISTRICT COURT

E

FRANCISCO MOZO GOMEZ,

) ) ) ) ) Plaintiff, ) ) vs. ) ) ) MOON HEE LEE dba SUSHI ZEN RESTAURANT and SEUNG HWAN LEE ) ) dba SUSHI ZEN RESTAURANT, ) ) Defendants. ) ) )

Case No.: C09 01237 STIPULATION OF DISMISSAL; ORDER

The parties hereto stipulate a 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 Agreements are to be performed in the future. The parties shall comply with their Settlement Agreement. The parties request the Court to retain jurisdiction for 120 days from the date hereof to enforce the terms of the Settlement Agreement under the authority of Kokonen v. Guardian Life Insurance Co. of America (1994) 511 U.S. 375, 381-82. 1
STIPULATION OF DISMISSAL; ORDER Gomez v. Lee, et al., CASE NO.: C09 00789

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Attorney for Defendants Moon Hee Lee and Seung Hwan Lee dba Sushi Zen Restaurant

mes Wa Judge Ja

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Haeyoung Lee (SBN: 171411) Law Office of Haeyoung Lee 907 Civic Center Drive Santa Clara, CA 95050 Tel.: [phone] Fax: [phone]

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S DISTRICT TE C TA

OO IT IS S

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NO

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Even though the parties are hereby dismissing this action with prejudice, they agree that the court will retain jurisdiction over this matter and the parties hereto for the enforcement of 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 the jurisdiction to enforce the terms of the Settlement Agreement for 120 days after the date hereof.

Dated: October 15, 2009

Dal Bon & Margain, APC

/s/James Dal Bon James Dal Bon, Attorney for Plaintiff Francisco Mojo Gomez Dated: October 15, 2009 Law Office of Haeyoung Lee

/s/ Haeyoung Lee__________________ Haeyoung Lee Attorney for Defendants Moon Hee Lee & Seung Hwan Lee dba Sushi-Zen

IT IS SO ORDERED: The Clerk shall close this file.

October 15, 2009 Dated: October27, 2009

__________________________________ HON. JAMES WARE JUDGE OF THE U.S. DISTRICT COURT

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STIPULATION OF DISMISSAL; ORDER Gomez v. Lee, et al., CASE NO.: C09 00789