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JACOBS v. BOMBARDIER

United States District Court, S.D. California


October 12, 2005.

IRWIN MARK JACOBS and JOAN KLEIN JACOBS, as co-trustees, the IRWIN MARK JACOBS AND JOAN KLEIN JACOBS FAMILY TRUST, dated 6/20/80, Plaintiffs,
v.
BOMBARDIER, INC. a Canadian Corporation, Defendant. BOMBARDIER, INC. a Canadian Corporation Counterclaimant, v. IRWIN MARK JACOBS and JOAN KLEIN JACOBS, as co-trustees, the IRWIN MARK JACOBS AND JOAN KLEIN JACOBS FAMILY TRUST, dated 6/20/80, Counterdefendants.

The opinion of the court was delivered by: DANA SABRAW, District Judge

STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE: ORDER THEREON
WHEREAS, effective October 5, 2005, Plaintiffs and Counterdefendants IRWIN MARK JACOBS and JOAN KLEIN JACOBS, as co-trustees of the IRWIN MARK JACOBS AND JOAN KLEIN JACOBS FAMILY TRUST, dated 6/20/80, (the "Jacobs Family Trust") and Defendant and Counterclaimant BOMBARDIER, INC. ("Bombardier") entered into a Settlement Agreement and Mutual Release ("the Settlement"), under which the Jacobs Family Trust and Bombardier agreed to settle all claims each may have against the other in this action;

  NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto, through their respective attorneys of record, pursuant to Federal Rule of Civil Procedure 41(a)(1), subject to the approval and order of the United States District Court, as follows:

  1. The Jacobs Family Trust's Complaint herein and Bombadier's Counterclaim herein are hereby dismissed in their entirety with prejudice;

  2. Each party shall bear its own costs and attorney fees associated with this action;

  3. Pursuant to this Stipulation, the parties agree that the United States District Court for the Southern District of California shall retain jurisdiction over the Settlement Agreement, including, but not limited to, interpretation and enforcement of the Settlement Agreement; and 4. This dismissal disposes of all parties and all causes of action.

  ORDER

  Upon Stipulation of the Parties and good cause appearing therefore,

IT IS SO ORDERED.
20051012

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