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LOSKOT v. RAFAEL

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,
v.
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.

  ORDER

  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.

20051011

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