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SPIKES v. EVANS TIRE & SERVICE CENTER

United States District Court, S.D. California


November 14, 2005.

KAREL SPIKES, Plaintiff,
v.
EVANS TIRE & SERVICE CENTER, INC.; 3242 COLUMBIA, LLC and DOES 1 through 10, Inclusive, Defendants.

The opinion of the court was delivered by: BARRY MOSKOWITZ, 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, EVANS TIRE & SERVICE CENTER, INC. and 3242 COLUMBIA, LLC, Defendants, on the other hand, through their respective attorneys of record, that the parties have agreed to resolve this case by way of settlement.

  The parties further stipulate that Magistrate Judge Ruben B. Brooks, or any other Magistrate appointed by the Court or by Magistrate Brooks, shall retain jurisdiction over all disputes between the parties 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 Case No. 05 cv 1539 BTM (RBB) in its entirety and with prejudice. Each party shall bear its, his or her own costs and fees, except as otherwise get forth in the Settlement Agreement.

  IT IS SO STIPULATED. ORDER ON STIPULATED DISMISSAL WITH PREJUDICE

  IT IS HEREBY ORDERED, that Magistrate Judge Ruben B. Brooks, or any other Magistrate appointed by the Court or by Magistrate Brooks, 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 Court retains jurisdiction to enforce the Settlement Agreement.

  It is further ordered that the Complaint of KAREL SPIKES, Plaintiff, in USDC Case No. 05 CV 1539 BTM (RBB), is hereby dismissed with prejudice with the above retention of jurisdiction to enforce the Settlement Agreement. Each party shall bear its, his or her own costs and fees, except as otherwise set forth in the Settlement Agreement.

  IT IS SO ORDERED.

20051114

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