United States District Court, N.D. California
July 23, 2004.
UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 648, AFL-CIO, an unincorporated Association, and TIMOTHY P.J. McCABE, an individual, Plaintiffs,
JOSEPH P. SHARPE, an individual; JAMES O'MEARA, an individual; THOMAS LUPORI, individually and as Trustee for EMPLOYEES VACATION TRUST; an Express Trust; FIRST AMERICAN TITLE INSURANCE CO., a California corporation; and DOES 1-20, inclusive, Defendants.
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
STIPULATION AND PROPOSED ORDER OF DISMISSAL PURSUANT TO FRCP RULE
41(a)(2) AND CONTINUING COURT JURISDICTION OF SETTLEMENT
United Food & Commercial Workers Union, Local No. 648, AFL-CIO,
and Timothy P.J. McCabe ("Plaintiffs"), filed their first amended
complaint on April 18, 2003 and Robert Woodall ("Defendant")
filed his first amended counterclaim on March 12, 2004.
Plaintiffs and Defendants entered into a written settlement
agreement on May 3, 2004. Among the terms of the agreement
Plaintiffs and Defendant agreed to enter into a Stipulation to
propose an Order to the Court seeking a Court Order of a
Dismissal With Prejudice of the entire matter as between Plaintiffs and
It is Stipulated by and between United Food & Commercial
Workers Union, Local No. 648, AFL-CIO, and Timothy P.J. McCabe,
through their counsel and by Robert Woodall through his counsel
that this entire matter as to these three named parties be
Dismissed With Prejudice. The agreed dismissal with prejudice
shall not affect the continued litigation of the matter as
between the Plaintiffs and any Defendants other than Defendant
It is Further Stipulated that this Court retain jurisdiction of
the Settlement and the terms of the Settlement of this matter
after the entry of this Order of Dismissal. ORDER
Having considered and accepted the above Stipulation: IT IS
THE ORDER OF THIS COURT THAT THIS ENTIRE MATTER AS TO THE PARTIES
TO THIS STIPULATION IS DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that this Court shall retain
jurisdiction of the settlement and the terms of the settlement of
this matter after its Order of Dismissal
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