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CHAD v. UNITED STATES DEPARTMENT OF THE NAVY

United States District Court, S.D. California


November 8, 2005.

CHAD and JUDY ELSNER, Plaintiffs,
v.
UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY, Defendant. Defendants.

The opinion of the court was delivered by: ROGER BENITEZ, District Judge

STIPULATION TO DISMISS CASE WITH RETENTION OF JURISDICTION BEFORE THE MAGISTRATE JUDGE ONLY AS TO ENFORCEMENT OF THE SETTLEMENT; AND ORDER THEREON
(Fed.R.Civ.P. 41 & Local Rule 7.2)
IT IS HEREBY STIPULATED between the respective Parties, the Plaintiffs and the Defendant, United States of America, by and through their attorneys of record, as follows:

  WHEREAS, by a separate settlement and release agreement the Parties have resolved this matter,

  IT IS STIPULATED, that in accordance with the provisions of 28 U.S.C. § 636(c) and Fed.R.Civ.P. § 73, the parties voluntarily consent to have United States Magistrate Judge Stormes conduct any further proceedings in this case regarding enforcement or interpretation of the settlement and release.

  IT IS FURTHER STIPULATED, that this entire case be DISMISSED WITH PREJUDICE, with the Court retaining jurisdiction for a period of six (6) months from the date of approval of this stipulation solely over the enforcement of the settlement agreement. At the end of the six month period this matter shall automatically be fully and finally dismissed with prejudice. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 114 S. Ct. 1673 (1994).

  Pursuant to Local Rule 7.2, the Court is requested to so order.

  ORDER

  IT IS HEREBY ORDERED that upon stipulation of the Parties and for good cause appearing, the above stipulation is approved and ordered into effect. The matter is DISMISSED WITH PREJUDICE, with the Court retaining continuing jurisdiction over this matter to enforce the settlement agreement, for a period of six (6) months.

  IT IS FURTHER ORDERED that, this case is referred to United States Magistrate Judge Stormes for all proceedings to enforce or interpret the settlement and release agreement, in accordance with the foregoing consent and stipulation of the parties.

  IT IS SO ORDERED.

20051108

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