United States District Court, N.D. California
October 6, 2005.
JAREK MOLSKI, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, Plaintiffs,
TINY'S RESTAURANT, INC., a California corporation; TINY'S RESTAURANT, LLC., a California limited liability company; and GEORGE OW, JR., DAVID L. OW and TERRY L. OW, as trustees of the OW CHILDREN'S TRUST, dated December 23, 1993, Defendants.
The opinion of the court was delivered by: RONALD WHYTE, District Judge
STIPULATION OF DISMISSAL AND ORDER THEREON
Plaintiffs JAREK MOLSKI and DISABILITY RIGHTS ENFORCEMENT,
EDUCATION SERVICES, by and through their counsel, and defendant
TINY'S RESTAURANT, INC., a California corporation; TINY'S
RESTAURANT, LLC., a California limited liability company; and
GEORGE OW, JR., DAVID L. OW and TERRY L. OW, as trustees of the
OW CHILDREN'S TRUST, dated December 23, 1993, by and through
their counsel, stipulate to dismissal of this action in its
entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Settlement
Agreement and General Release ("Agreement") herein, each party is
to bear its own costs and attorneys' fees. The parties further
consent to and request that the Court retain jurisdiction over
enforcement of the Agreement. See Kokonen v. Guardian Life
Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to
retain jurisdiction over enforcement of settlement agreements).
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).
This stipulation may be executed in counterparts, all of which
together shall constitute one original document. ORDER
IT IS SO ORDERED.
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