Futia v. Ferguson et al

Filing 18

ORDER GRANTING STIPULATION OF DISMISSAL re 17 Stipulation filed by Rick Futia. Signed by Judge Paul S. Grewal on February 29, 2012. (psglc1, COURT STAFF) (Filed on 2/29/2012)

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

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

RICK FUTIA,
Plaintiff,

Case No. CV 11-12 PSG
STIPULATION OF DISMISSAL; ORDER

v.
JAMES and ALTHEA FERGUSON,
as Trustees of the Ferguson Trust, and
JAMES FERGUSON, JR., as Trustee
of the James Ferguson, Jr. Family
Trust, E.P.&G. PROPERTIES, No. 7,
LLC,
Defendants.
__________________________________/
The Parties hereto stipulate as follows:
The Ferguson Defendants were previously dismissed.
The remaining parties (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

CV 11-12 PSG

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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 2 years from the 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
2 years after the date hereof.
Date: January 12, 2012

Date: January 12, 2012

S/Bradley M. Matteoni,
Attorney for Defendant

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

IT IS SO ORDERED:

Date: 2/29/2012

CV 11-12 PSG

________________________________
U.S. Judge/Magistrate Judge

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