United States District Court, S.D. California
November 17, 2005.
UNITED STATES OF AMERICA, Plaintiff,
1.377 ACRES OF LAND, MORE OR LESS, SITUATED IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; SDH PROPERTIES, L.L.C., a California limited liability company; WESTERN SUN HOTELS HOTEL SAN DIEGO, LTD., a California limited partnership; COUNTY OF SAN DIEGO; AND OTHER INTERESTED PARTIES, Defendants.
The opinion of the court was delivered by: WILLIAM McCURINE JR., Magistrate Judge
STIPULATION AND [PROPOSED] ORDER TO DISMISS ACTION WITH
WHEREAS, on August 16, 2005, a settlement conference was held
before the Honorable William McCurine, Jr., Magistrate Judge,
between defendant SDH Properties, L.L.C. ("SDH") and defendants
Josephson Management Company and J.S. Foods (collectively,
"Josephson") wherein the parties entered into a settlement which
was placed on the record in Court to resolve fully and finally the remaining pending claims between the
WHEREAS, SDH and Josephson have memorialized their settlement
in a written Settlement Agreement and General Mutual Release
dated August 16, 2005 (the "Agreement") that releases all claims
and causes of action between the parties;
WHEREAS, the Agreement provides for the Court to retain
jurisdiction over SDH and Josephson until June 1, 2006 for the
limited purpose of enforcing the settlement agreement;
ACCORDINGLY, IT IS HEREBY STIPULATED AND AGREED by and between
SDH and Josephson that all claims and causes of action between
the parties be dismissed with prejudice, with the Court retaining
jurisdiction over the parties until June 1, 2006 for the limited
purpose of enforcing the Agreement and the terms thereof. ORDER
Good cause appearing, IT IS HEREBY ORDERED that all claims and
causes of action between SDH and Josephson are dismissed with
prejudice, with the Court retaining jurisdiction over the parties
until June 1, 2006 for the purpose of enforcing the Settlement
Agreement and General Mutual Release dated August 16, 2005 and
the terms thereof.
© 1992-2005 VersusLaw Inc.