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STROLLER STRIDES, LLC v. STROLLERFIT

United States District Court, S.D. California


October 14, 2005.

STROLLER STRIDES, LLC, a Delaware limited liability company, Plaintiff,
v.
STROLLERFIT, INC., a Delaware corporation, and DIAMOND CUT, INC., an Ohio corporation, Defendants.

The opinion of the court was delivered by: IRMA GONZALEZ, District Judge

STIPULATION OF DISMISSAL WITH PREJUDICE WITH COURT TO RETAIN JURISDICTION AND ORDER THEREON
WHEREAS, on May 27, 2005 Stroller Strides, LLC. ("Stroller Strides") filed its complaint in the above referenced matter against defendants, Stroller Fit, Inc. ("Stroller Fit") and Diamond Cut, Inc. ("Diamond Cut") (Stroller Fit and Diamond Cut are hereinafter referred to as "Defendants");

  WHEREAS, Stroller Strides and Defendants have entered into a Settlement Agreement and Mutual General Release, which provides that among other things, for the Court to retain jurisdiction over this matter to enforce the terms and conditions of said Settlement Agreement;

  IT IS HEREBY STIPULATED, by and between Stroller Strides and the Defendants through their designated counsel that the above captioned action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1) with the Court to retain jurisdiction exclusively to enforce the terms and conditions of the settlement agreement, see Kokkonen v. Guardian Life Insurance Company of America 114 S.Ct. 1673. ORDER

  Based on the foregoing stipulation the Court hereby enters dismissal with prejudice pursuant to FRCP41(a)(1) and retains jurisdiction as requested.

  IT IS SO ORDERED.

20051014

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