Moore v. Casa De Fruta et al

Filing 18

STIPULATION AND ORDER 17 for Dismissal, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 12/21/11. (jg, COURT STAFF) (Filed on 12/21/2011)

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1 2 3 4 5 K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiff Ronald Moore 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 RONALD MOORE, 12 Plaintiff, 13 14 15 ) No: 5:10-CV-02247-RMW ) ) STIPULATION FOR DISMISSAL OF ) ACTION; [] ORDER ) ) ) ) ) ) ) ) ) vs. CASA de FRUTA, a California Limited Partnership, et al., 16 Defendants. 17 18 IT IS HEREBY STIPULATED by and between Plaintiff Ronald Moore (“Plaintiff”) and 19 Defendants Casa de Fruta, a California Limited Partnership, Casa de Fruta, LLC, Casa de Fruta 20 Orchards, Inc. dba Casa de Fruta Orchard, Casa de Fruta Chevron, Casa de Fruta Coffee Shop, 21 Casa de Fruta Restaurant (hereinafter collectively referred to as “Defendants”), by and through 22 their respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendants 23 be dismissed with prejudice from this action. 24 IT IS FURTHER STIPULATED between Plaintiff and Defendants that this case has 25 been settled as between them and all issues and controversies have been resolved to their 26 /// 27 /// 28 /// Moore v. Casa de Fruta, a California Limited Partnership, et al. Stipulation for Dismissal; [] Order Page 1 1 mutual satisfaction. Plaintiff and Defendants request the Court to retain jurisdiction to enforce 2 the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. 3 Co. of America, 511 U.S. 375, 381-82 (1994). 4 Date: December 1, 2011 MOORE LAW FIRM, P.C. 5 6 /s/ Tanya E. Moore Tanya E. Moore Attorneys for Plaintiff Ronald Moore 7 8 9 Date: December 1, 2011 FINNERTY LAW OFFICES, INC. 10 11 /s/ Kathi E. Finnerty Kathi E. Finnerty, Attorneys for Defendants Casa de Fruta, a California Limited Partnership, Casa de Fruta, LLC, Casa de Fruta Orchards, Inc. dba Casa de Fruta Orchard, Casa de Fruta Chevron, Casa de Fruta Coffee Shop, Casa de Fruta Restaurant 12 13 14 15 16 ORDER 17 18 The parties having so stipulated, 19 IT IS HEREBY ORDERED as follows: 20 1. Plaintiff Ronald Moore (“Plaintiff”) and Defendants Casa de Fruta, a California 21 Limited Partnership, Casa de Fruta, LLC, Casa de Fruta Orchards, Inc. dba Casa de Fruta 22 Orchard, Casa de Fruta Chevron, Casa de Fruta Coffee Shop, Casa de Fruta Restaurant 23 (collectively “Defendants”) shall comply with the terms of the confidential Settlement 24 Agreement and Release in Full, the terms of which are incorporated herein by reference. 25 26 27 28 2. By consent of Plaintiff and Defendants, the Court shall retain jurisdiction in this matter for the purpose of enforcing the terms of the settlement agreement. 3. Except as provided for in paragraphs 1 and 2 above, Defendants are hereby dismissed with prejudice from this action. Moore v. Casa de Fruta, a California Limited Partnership, et al. Stipulation for Dismissal; [] Order Page 2 1 2 4. As all defendants have been dismissed from this action, this matter is hereby dismissed and the clerk is directed to close the case. 3 4 IT IS SO ORDERED. 5 6 7 8 Dated: ______________________________________ United States District Court Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Moore v. Casa de Fruta, a California Limited Partnership, et al. Stipulation for Dismissal; [] Order Page 3

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