Kalani v. Park Vasona Gas, Inc et al

Filing 22

STIPULATION AND ORDER 21 for Dismissal of Action, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 7/24/13. (jg, COURT STAFF) (Filed on 7/24/2013)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Robert Kalani

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT KALANI,

) No. 5:12-cv-05391-RMW
)
)
Plaintiff,
) STIPULATION AND []
) ORDER FOR DISMISSAL OF ACTION
vs.
)
PARK VASONA GAS, INC. dba PARK
)
VASONA CHEVRON aka PARK VASONA )
CHEVRON AUTO CARE; WILLIAM R.
)
BENEVENTO and BETTY J. BENEVENTO, )
AS TRUSTEES OF THE WILLIAM &
)
BETTY 1987 TRUST,
)
)
)
Defendants.
)
)
)
)
)
)

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IT IS HEREBY STIPULATED by and between Plaintiff Robert Kalani (“Plaintiff”) and

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Defendants Park Vasona Gas, Inc., William R. Benevento, Trustee of the William & Betty 1987

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Trust, and Betty J. Benevento, Trustee of the William & Betty 1987 Trust (collectively

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“Defendants”), by and through their respective counsel, that pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii), the above-captioned action be dismissed with prejudice in its

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entirety. Each party is to bear its own attorneys’ fees and costs.

STIPULATION AND [P ORDER FOR DISMISSAL OF ACTION

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IT IS FURTHER STIPULATED between Plaintiff and Defendants that this case has

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been settled as between them and all issues and controversies have been resolved to their

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mutual satisfaction. Plaintiff and Defendants request the Court to retain jurisdiction to enforce

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the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins.

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Co. of America, 511 U.S. 375, 381-82 (1994).

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Date: May 15, 2013

MOORE LAW FIRM, P.C.

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/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff
Robert Kalani

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Date: May 15, 2013

SEDGWICK, LLP

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/s/ Tara K. Clancy
Tara K. Clancy
Attorneys for Defendants
Park Vasona Gas, Inc.; William R. Benevento,
Trustee of the William & Betty 1987 Trust; Betty
J. Benevento, Trustee of the William & Betty 1987
Trust

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ORDER
The parties having so stipulated,
IT IS HEREBY ORDERED as follows:
1.

Plaintiff Robert Kalani and Defendants Park Vasona Gas, Inc., William R.

Benevento, Trustee of the William & Betty 1987 Trust, and Betty J. Benevento, Trustee of the
William & Betty 1987 Trust shall comply with the terms of the confidential Settlement
Agreement and Release in Full, the terms of which are incorporated herein by reference.

STIPULATION AND [] ORDER FOR DISMISSAL OF ACTION

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2.

By consent of Plaintiff Robert Kalani and Defendants Park Vasona Gas, Inc.,

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William R. Benevento, Trustee of the William & Betty 1987 Trust, and Betty J. Benevento,

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Trustee of the William & Betty 1987 Trust, the Court shall retain jurisdiction in this matter for

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the purpose of enforcing the terms of the settlement agreement.

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3.

Except as provided for in paragraphs 1 and 2 above, this action is dismissed with

prejudice in its entirety.

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IT IS SO ORDERED.

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Dated:

______________________________________
United States District Court Judge

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STIPULATION AND [] ORDER FOR DISMISSAL OF ACTION

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