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MCFERREN v. PIEROVICH

United States District Court, Northern District of California


February 6, 2003

ANDREW MCFERREN, KENNETH ORTIZ, CLIFFORD KUHNS, MARK SMITH, AND HAROLD GOODRICH, PLAINTIFFS,
v.
LANCE PIEROVICH, MIDCOAST TRANSPORTATION, INC., AND DOES 1-10 DEFENDANTS.

The opinion of the court was delivered by: Maxine M. Chesney

STIPULATION AND ORDER FOR DISMISSAL

Plaintiffs ANDREW McFERREN, KENNETH ORTIZ, CLIFFORD KUHNS, MARK SMITH, AND HAROLD GOODRICH and defendants LANCE PIEROVICH and MIDCOAST PRODUCE, INC., DBA MIDCOAST TRANSPORTATION, INC. by and throught their respective counsel, do hereby jointly stipulate and request as follows:

WHEREAS, afore-named plaintiffs and defendants have executed a Settlement Agreement and Mutual release of all claims in this action to avoid the expense, uncertainty and distraction of further litigation, said Settlement Agreement expressly acknowledging that no party admits liability or wrongdoing of any kind;

WHEREAS, said settlement Agreement calls for plaintiffs and defendants to jointly request that the court order dismissal of this action with prejudice, retaining jurisdiction to enforce compliance with said settlement Agreement, including entry of stipulated Judgment in the event of default of said Settlement Agreement, as provided therein.

THEREFORE, plaintiffs and defendants do hereby stipulate and jointly request the court to issue the proposed order set out below:

Pursuant to Stipulation as set out above and the parties Settlement Agreement, this COURT hereby orders that this action be dismissed with prejudice; this COURT to retain jurisdiction to enforce compliance with said settlement Agreement.

SO ORDERED

20030206

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