United States District Court, S.D. California
November 8, 2005.
CHAD and JUDY ELSNER, Plaintiffs,
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
(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.
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.
© 1992-2005 VersusLaw Inc.