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SPIKES v. KATTOULA

United States District Court, S.D. California


October 18, 2005.

KAREL SPIKES, Plaintiff,
v.
FAIEZ KATTOULA dba MAGNOLIA LIQUOR; FAIEZ KATTOULA; SENA KATTOULA and DOES 1 THROUGH 10, Inclusive, Defendants.

The opinion of the court was delivered by: WILLIAM HAYES, District Judge

STIPULATION OF DISMISSAL AND DISMISSAL; AND ORDER THEREON

[F.R.Civ.P. Rule 41 (a) (1), (2)]

  IT IS HEREBY STIPULATED by and between KAREL SPIKES, Plaintiff, on the one hand, and FAIEZ KATTOULA dba MAGNOLIA LIQUOR, FAIEZ KATTOULA and SENA KATTOULA, Defendants, on the other hand, (hereinafter "the Parties") through Plaintiff's attorney of record and Defendants pro se, that said Parties have agreed to resolve the case between them by way of settlement.

  The Parties further stipulate that Magistrate Judge Anthony J. Battaglia, or any other Magistrate Judge appointed by the Court, shall retain jurisdiction over all disputes between the Parties arising out of the Settlement Agreement including, but not limited to, interpretation and enforcement of the terms of the Settlement Agreement. The terms of the Settlement Agreement are hereby incorporated in this Stipulation.

  The Parties further stipulate, pursuant to Federal Rules of Civil Procedure 41(a) (1,2), that this Court enter a dismissal of Plaintiff's Complaint in USDC Case No. 05 cv 0393 WQH (AJB) in it's entirety and with prejudice. The Parties further stipulate that each shall bear its, his or her own costs and fees with respect to any claims they may have against each other in the instant action, except as otherwise set forth in the Settlement Agreement.

  IT IS SO STIPULATED. ORDER ON STIPULATED DISMISSAL WITH PREJUDICE

  IT IS HEREBY ORDERED, that Magistrate Judge Anthony J. Battaglia, or any other Magistrate Judge appointed by the Court, shall retain jurisdiction over all further proceedings in this matter including, but not limited to, interpretation and enforcement of the terms of the Settlement Agreement. The terms of the Settlement Agreement are hereby incorporated in this Order.

  It is further ordered that the Complaint in USDC Case No. 05 cv 0393 WQH (AJB) is hereby dismissed in it's entirety and with prejudice. The Parties shall each bear its, his or her own costs and fees, except as otherwise set forth in the Settlement Agreement, which is incorporated herein by reference.

  IT IS SO ORDERED.

20051018

© 1992-2005 VersusLaw Inc.



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