United States District Court, N.D. California
September 28, 2005.
JAREK MOLSKI, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, Plaintiffs,
CARMEL BAKERY; TOSH PEPE WEST, INC., Defendant.
The opinion of the court was delivered by: PATRICIA TRUMBULL, Magistrate Judge
STIPULATION OF DISMISSAL AND ORDER THEREON
In accordance with the provisions of Title 28, U.S.C. Section
636(c), the undersigned parties hereby consent to have a United
States Magistrate Judge conduct any and all further proceedings
in the case, including trial, and the entry of a final judgment.
The parties, by and through their respective counsel, further
stipulate to dismissal of this action in its entirety with
prejudice pursuant to Fed.R.Civ.P.41(a)(1). However, this
stipulation is made on the understanding that should any party
not have executed the Mutual Settlement Agreement and Release
herein before October 15, 2005, this stipulation may be withdrawn
and the matter put back on the Court's trial calendar. In
addition, the parties consent to and request that the Court
retain jurisdiction over enforcement of the settlement herein.
See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts
to retain jurisdiction over enforcement of settlement
Therefore, IT IS HEREBY STIPULATED by and between parties to
this action through their designated counsel that the
above-captioned action be and hereby is dismissed with prejudice
pursuant to Federal Rules of Civil Procedure section 41(a)(1).
IT IS HEREBY ORDERED that this matter is dismissed with
prejudice pursuant to Fed.R.Civ.P.41(a)(1) unless one of the
parties hereto notifies the Court on or before October 15, 2005,
the settlement has not been consummated through full execution of
the Mutual Settlement Agreement and Release. IT IS FURTHER
ORDERED that the Court shall retain jurisdiction for the purpose
of enforcing the parties' settlement should such enforcement be
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