Rustro v. Black et al

Filing 24

STIPULATION AND ORDER TO DISMISS re 23 Stipulation and Order to Dismiss filed by Lino Francisco Mandujano Rustro. Signed by Magistrate Judge Howard R. Lloyd on 12/3/2013. The clerk shall close the file (hrllc1, COURT STAFF) (Filed on 12/3/2013)

*E-Filed: December 3, 2013*

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TOMAS E. MARGAIN, Bar No. 193555
HUY TRAN, Bar No. 288196
Justice at Work Law Group
84 W. Santa Clara St., Ste. 790
SanJose,CA95113
Tel: [phone]
Fax: [phone]
T'omas@JA WLawGroup.com
Huy@JA WLawGroup.c01n
Attorneys for Plaintiff
LINO FRANCISCO MANDUJANO RUSTRO

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CHRISTOPHER E. PANETTA (BarNo. 175127)
FENTON & KELLER
A Professional Corporation
280 I Monterey-Salinas Highway
Post Office Box 791
Monterey, California 93942-0791
Telephone:
(831) 373M 1241
Facsimile:
[phone]
Attorney for Defendants
KYOKO BLACK and KEIKO ORTIZ

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UNITED STATES DISTRICT COURT

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FOR NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LINO FRANCISCO MANDUJANO RUSTRO, ase No.: CV 13-01327 HRL
Plaintiff,

v.
KYOKO BLACK and KEIKO ORTIZ,

STIPULATION AND ORDER TO
DISMISS WITH PREJUDICE;
COURT TO RETAIN JURISDICTION
TO ENFORCE SETTLEMENT
AGREEMENT

Defendants.

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- 1STWULATION TO DISMISS WITH I,IU:.JUI)JCE

THE PARTIES HEREBY STIPULATE AS FOLLOWS THROUGH THEIR
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ATTORNEYS OF RECORD:
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The matter has fu lly settled and the parties have executed a written settl ement
agreement.

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2.

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The part ies stipulate that this matter be dismissed with prejudice now.

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The parties request that the Court retain jurisdiction to enforce the settlement

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agreement in the event there is a breach for a period of approximately 30 days or

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to November 1 l, 2013.
4.

The stipulation is without prejudice to the agreement being enforced after the
expiration of that date in a separate proceeding.

1T IS SO STIPULATED

For Defendants

-2ST II' ULATI ON TO DISi\ liSS W IT! I I'R E.JtJ DICE

ORDER.
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Based on the stipulation of counsel and good cause shown, this matter is distnissed with

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prejudice. All deadlines are hereby tern1inated. The patiies have reached a settlement through

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counsel. The Court retains jurisdiction to enforce the terms of settletnent agreement so long as a
December 31
motion is filed before Noven1ber 11,2013. After that, this order is without prejudice with any

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party seeking to enforce the contract in a separate proceeding.

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IT IS SO ORDERED
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DATED:

12/3/13

By:

-----------------------------HOWARD R. LLOYD
United States Magistrate Judge

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-3~
STIPULATION TO l)ISMISS WITH

PIU~JUDJCE