Futia v. Downing et al

Filing 7

ORDER DISMISSING CASE. Signed by Judge Jeremy Fogel on 7/6/10. (dlm, COURT STAFF) (Filed on 7/19/2010)

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Futia v. Downing et al Doc. 7 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. DWAYNE DOWNING and LINDA DOWNING, as Trustees, and HAZEL MALMIN and HAZEL E. MALMIN, as Trustees, Defendants. __________________________________/ Case No. CV 10-1034 JF HRL 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 CV 10-1034 JF HRL 1 Dockets.Justia.com date 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 18 months after the date hereof. Date: July 3, 2010 Date: July 3, 2010 S/Jeffrey H. Lowenthal, Attorney for Defendant IT IS SO ORDERED: S/Thomas N. Stewart, III, Attorney for Plaintiff Date: 7/6/10 ________________________________ ---------- ----------- Jeremy Fogel Judge/Magistrate United States District Judge CV 10-1034 JF HRL 2

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