United States District Court, N.D. California
December 6, 2005.
JULIAN ARCHULETA, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, a California public benefit corporation, Plaintiffs,
JACK'S CLUB; DOLORES L. PERRAPATO, an individual dba JACK'S CLUB; and IRMA ENCINAS, an individual dba JACK'S CLUB, Defendants.
The opinion of the court was delivered by: PHYLLIS HAMILTON, District Judge
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
The parties, by and through their respective counsel, stipulate
to dismissal of this action in its entirety with prejudice
pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the
Settlement Agreement and General Release ("Agreement") herein,
each party is to bear its own costs and attorneys' fees. The
parties further consent to and request that the Court retain jurisdiction over enforcement of the Agreement. See Kokonen v.
Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the
district courts to retain jurisdiction over enforcement of
Therefore, IT IS HEREBY STIPULATED by and between parties to
this action through their designated counsel that the
above-captioned action be and hereby is dismissed with prejudice
pursuant to Federal Rules of Civil Procedure section 41(a)(1).
This stipulation may be executed in counterparts, all of which
together shall constitute one original document.
IT IS HEREBY ORDERED that this matter is dismissed with
prejudice pursuant to Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED
that the Court shall retain jurisdiction for the purpose of
enforcing the parties' Settlement Agreement and General Release
should such enforcement be necessary.
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