United States District Court, N.D. California
October 11, 2005.
MARSHALL LOSKOT, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, Plaintiffs,
DAYS INN SAN RAFAEL; IRVING B. LITCHFIELD JR. and CLETUS A. LATHIGEE, as trustees for the LITCHFIELD REVOCABLE TRUST; and SAN RAFAEL MOTEL INVESTMENTS LLC., Defendants.
The opinion of the court was delivered by: WAYNE BRAZIL, Magistrate Judge
STIPULATION OF DISMISSAL AND ORDER THEREON
The parties, 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 Mutual
Settlement Agreement and Release ("Agreement") herein, each party
is to bear its own costs and attorneys' fees. A true and correct
copy of the subject Agreement is attached hereto and incorporated
herein as Exhibit "A," and the parties consent to the Court
retaining jurisdiction over enforcement thereof. See Kokonen
v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the
district courts to retain jurisdiction over enforcement of
settlement agreements). 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 HEREBY ORDERED that this 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. The parties are ORDERED to
comply with the terms of their Settlement Agreement.
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