Futia v. Roimano Family PTP LP et al

Filing 10

STIPULATION AND ORDER re 8 . This action is hereby dismissed with prejudice pursuant to FRCP 41(a)(2). Signed by Magistrate Judge Howard R. Lloyd on 08/31/2010. (hrllc1, COURT STAFF) (Filed on 8/31/2010)

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Futia v. Romano Family PTP LP et al Doc. 10 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 ** E-filed August 31, 2010 ** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICK FUTIA, Plaintiff, Case No. CV 09-4823-HRL STIPULATION OF DISMISSAL; ORDER v. ROMANO FAMILY PTP LP, VICTOR and BEATRICE ROMANO, Trustees, Defendant. __________________________________/ 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 CV 09-4823-HRL 1 Dockets.Justia.com 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: August 4, 2010 Date: August 4, 2010 S/Amy R. Carlson, Attorney for Defendants S/Thomas N. Stewart, III, Attorney for Plaintiff IT IS SO ORDERED: Date: August 31, 2010 ________________________________ HOWARD R. Judge/Magistrate LLOYD United States Magistrate Judge CV 09-4823-HRL 2

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