United States District Court, S.D. California
September 23, 2005.
PAUL E. CRABTREE, an individual, BARBARA MUNDELL, an individual, PAUL REEES, an individual, and MARSHA GOODMAN-REEVES, an individual, Plaintiffs,
MEDIEVAL METAL, LLC, a California limited liability company; SEAN POTTER, an individual; ERIKA POTTER, an individual; GUSTAV TANDBERG, an individual; CHERYL TANDBERG, an individual; SKY TANDBERG, an individual; CHERYL TANDBERG and GUSTAV TANDBERG doing business as LORD OF THE RINGS; CHERYL TANDBERG and GUSTAV TANDBERG doing business as LADY OF THE RINGS; KIM CONRAD, an individual; KIM CONRAD DESIGNS, an unknown business form, and DOES 1 through 10, inclusive, Defendants. AND ALL RELATED COUNTERCLAIMS.
The opinion of the court was delivered by: RUDI BREWSTER, Senior District Judge
STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND
COUNTERCLAIMS AS BETWEEN PLAINTIFFS AND THE MEDIEVAL METAL
ORDER OF DISMISSAL [F.R.C.P., RULE 41(A)(1)(ii)]
Plaintiffs PAUL E. CRABTREE, BARBARA MUNDELL, PAUL REEVES and
MARSHA GOODMAN REEVES ("Plaintiffs") and Defendants MEDIEVAL
METAL, LLC; SEAN POTTER; ERIKA POTTER; GUSTAV TANDBERG; CHERYL
TANDBERG; CHERYL TANDBERG AND GUSTAV TANDBERG doing business as
LORD OF THE RINGS; and CHERYL TANDBERG AND GUSTAV TANDBERG
erroneously sued as doing business as LADY OF THE RINGS and SKY
TANDBERG (hereinafter "Medieval Metal Defendants") (collectively
the "Stipulating Parties"), by and through their respective
counsel of record as set forth below, hereby stipulate pursuant
to Fed.R.Civ.Pro., Rule 41(a)(1)(ii) to the dismissal with
prejudice of all claims and counterclaims as between the
Stipulating Parties in the above captioned action, all parties to
bear their own costs and attorneys' fees.
The Stipulating Parties hereby advise the Court that the
Plaintiffs and the Medieval Metal Defendants have entered into a
Mutual Settlement and Release of Claims Agreement, which is
incorporated herein by this reference ("Medieval Metal
Agreement"), the terms of which are incorporated herein by
reference, which agreement resolves all claims and counterclaims
between those parties.
The Stipulating Parties further stipulate that by incorporating
by reference the terms of the settlement agreement among the
Stipulating Parties, the obligations of the parties to comply
with the respective terms of the Medieval Metal Agreement are
made a part of the dismissal order. (Hagestad v. Tragesser v.
Oregon State Bar, 49 F.3d 1430 (9th Cir. 1995); see also
Kokkonen v. Guardian Life Insurance Company of America,
511 U.S. 375, 114 S.Ct. 1673; 128 L. Ed. 2d 391 (1994).) The Stipulating Parties respectfully request that the Court
retain continuing jurisdiction for a period of five (5) years
after entry of dismissal, for purposes of interpreting and
enforcing the Medieval Metal Agreement.
IT IS SO STIPULATED.
ORDER OF DISMISSAL
The foregoing stipulation of the parties for dismissal with
prejudice of all claims and counterclaims as between Plaintiffs
and the Medieval Metal Defendants having been received by the
Court and duly considered,
AND GOOD CAUSE APPEARING THEREFOR,
IT IS HEREBY ORDERED that all claims and counterclaims as
between Plaintiffs and the Medieval Metal Defendants are
dismissed with prejudice IT IS FURTHER ORDERED that, at the request of the Stipulating
Parties, the Court will retain continuing jurisdiction for a
period of five years from the date of entry of dismissal for
purposes of interpreting and enforcing the Medieval Metal
IT IS SO ORDERED.
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