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DIRECTV INC. v. ALFORD

United States District Court, N.D. California, San Jose Division


December 1, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
JASON ALFORD, Defendant.

The opinion of the court was delivered by: HOWARD LLOYD, Magistrate Judge

STIPULATION FOR VOLUNTARY DISMISSAL OF DEFENDANT JASON ALFORD AND REQUEST TO RETAIN JURISDICTION; [PROPOSED] ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff DIRECTV, Inc. ("DIRECTV") and Defendant Jason Alford (Defendant), through their respective counsel of record, that the above-captioned action be and hereby is dismissed without prejudice, pursuant to Fed.R.Civ.P. 41(a)(1), as to Defendant only. Each of said parties to bear its/his own costs and attorneys fees.

  The terms of the Confidential Settlement Agreement dated June 7, 2005 ("Agreement") entered into between Defendant and DIRECTV require the performance of certain obligations by Defendant that will not be completed until December 2008. If Defendant does not timely or fully perform these obligations when due, DIRECTV is authorized to seek enforcement of those obligations in this Court. The parties therefore have consented, and hereby further stipulate and consent to, the retention of jurisdiction over them by this Court and to reference to a Magistrate Judge in this District for the purpose of enforcing those obligations of the Agreement, as defined therein. The parties therefore respectfully request that the Court retain such jurisdiction.

  ORDER

  HAVING READ AND CONSIDERED the forgoing Stipulation for Voluntary Dismissal of Defendant Jason Alford and Request to Retain Jurisdiction, and such other pleadings, documents and records deemed appropriate by the Court, and good cause appearing therefor, IT IS HEREBY ORDERED:

  (1) Defendant Jason Alford is hereby dismissed from this action without prejudice;

  (2) Each of said parties to bear its/his own costs and attorneys fees; and (3) The Court shall retain jurisdiction over Plaintiff DIRECTV, Inc. and Defendant Jason Alford to enforce the terms described above of the Settlement Agreement between those parties dated June 7, 2005 and hereby refers any further proceedings in this action to enforce such terms of the Settlement Agreement to a Magistrate Judge of this District, until December 31, 2008.

20051201

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