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,
RUNNING IRON BAR & RESTAURANT; BRUCE SPRINGER, an individual; ELIZABETH SPRINGER, individually and as trustee of the SPRINGER FAMILY 1992 TRUST; and JENN & NELSON FOREMAN, individuals dba RUNNING IRON BAR & RESTAURANT, Defendants.
The opinion of the court was delivered by: RONALD WHYTE, District Judge
STIPULATION OF DISMISSAL AND ORDER THEREON
The parties, by and through their respective 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"), 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.
IT IS SO STIPULATED.
IT IS HEREBY ORDERED that matter is dismissed with prejudice
pursuant to Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the
Court shall retain jurisdiction for the purpose of enforcing the
parties' Settlement Agreement and General Release should such
enforcement be necessary.
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