United States District Court, N.D. California, San Jose Division
December 1, 2005.
DIRECTV, INC., a California corporation, Plaintiff,
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.
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
(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.
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