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U.S. v. 1.377 ACRES OF LAND

United States District Court, S.D. California


November 17, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
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 PREJUDICE
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 parties.

  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.

20051117

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