Futia v. Bishop et al

Filing 11

STIPULATION AND ORDER re 10 Dismissal. Signed by Magistrate Judge Howard R. Lloyd on 2/4/2014. The clerk shall close the file. (hrllc1, COURT STAFF) (Filed on 2/4/2014)

*E-Filed: February 4, 2014*

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,

Case No. CV 13-67 HRL

Plaintiff,
v.

STIPULATION OF DISMISSAL; ORDER

WILLIAM BISHOP, WAYNE
and ELAINE BELARDI, MARIA
MUNOZ and PEDRO OROZCO
MUNIZ,
Defendants.
__________________________________/
The parties hereto stipulate as follows:
All Defendants except for Maria Munoz have been dismissed.
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

CV 13-67 HRL

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if fully set forth. The parties request the Court to retain jurisdiction for two 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
two years after the date hereof.
Date: February 4, 2014

Date: February 4, 2014

S/Christopher J. Olson,
Attorney for Defendant

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

IT IS SO ORDERED:

Date: February 4, 2014

CV 13-67 HRL

________________________________
Judge/Magistrate Judge
Howard R. Lloyd

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