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)

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*E-Filed: February 4, 2014* 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 E-MAIL t_stew_3@yahoo.com 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 1 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 2

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