United States District Court, N.D. California, San Jose Division
September 12, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
JEANNETTE GOLD, Defendant.
The opinion of the court was delivered by: JAMES WARE, District Court
STIPULATION FOR VOLUNTARY DISMISSAL OF DEFENDANT JEANNETTE GOLD
AND REQUEST TO RETAIN JURISDICTION; [PROPOSED] ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff DIRECTV, Inc.
("DIRECTV") and Defendant JEANNETTE GOLD, through their
respective counsel of record, that the above-captioned action be
and hereby is dismissed without prejudice, pursuant to
Fed.R.Civ.P. 41(a)(1), as to Defendant JEANNETTE GOLD (Defendant).
Each of said parties to bear its/her own costs and attorneys'
The terms of the Confidential Settlement Agreement dated August
3, 2005 ("Agreement") entered into between Defendant and DIRECTV
require installment payments from Defendant, the last of which is
not due to be received until November 2006. If Defendant does not
make the payments under the Agreement when due, DIRECTV is
authorized to seek the entry of a Judgment in this action against
Defendant pursuant to a Stipulation for Entry of Judgment
(Stipulation) executed by the parties concurrently with the
Agreement. The parties therefore have consented, and hereby
further stipulate and consent to, the retention of jurisdiction over them by this Court and to reference to a Magistrate Judge in
this District for the purpose of enforcing the payment terms of
the Agreement, including entering a Judgment against Defendant
pursuant to the Stipulation. The parties therefore respectfully
request that the Court retain such jurisdiction. ORDER
HAVING READ AND CONSIDERED the forgoing Stipulation for
Voluntary Dismissal of Defendant JEANNETTE GOLD and Request to
Retain Jurisdiction, and such other pleadings, documents and
records deemed appropriate by the Court, and good cause appearing
therefore, IT IS HEREBY ORDERED:
(1) Defendant JEANNETTE GOLD (Defendant) is hereby dismissed
from this action without prejudice;
(2) Each of said parties to bear its/her own costs and
attorneys' fees; and
(3) The Court shall retain jurisdiction over DIRECTV and
Defendant to enforce the terms described above of the Settlement
Agreement between those parties dated August 3, 2005 and hereby
refers any further proceedings in this action to enforce such
terms of the Settlement Agreement to a Magistrate Judge of this
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