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FUTIA v. VAN DALSEM

United States District Court, N.D. California


September 26, 2005.

RICK FUTIA, Plaintiff,
v.
VOLNEY and JEANINE VAN DALSEM, RICHARD and MARY ELIZABETH RUSO, and WILLIAM and LESLIE ANN VAN DALSEM, Defendants.

The opinion of the court was delivered by: PATRICIA TRUMBULL, Magistrate Judge

STIPULATION OF DISMISSAL; ORDER

The parties hereto stipulate as follows:

  The parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed.

  Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The parties request the Court to retain jurisdiction for eighteen months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).

  Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement.

  IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for eighteen months after the date hereof.

 Date: September 12, 2005 Date: September 12, 2005

  S/Gregory K. Klingsporn S/Thomas N. Stewart, III Gregory K. Klingsporn, Thomas N. Stewart, III, Attorney for Defendants Attorney for Plaintiff

  I, Thomas N. Stewart, III, hereby attest that I have in my possession the holographic signature of Gregory K. Klingsporn on this document.

  IT IS SO ORDERED.

20050926

© 1992-2005 VersusLaw Inc.



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