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DIRECTV, INC. v. NGUYEN

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


December 14, 2005.

DIRECTV, INC., a California corporation, Plaintiff,
v.
NAM NGUYEN, Defendant.

The opinion of the court was delivered by: RICHARD SEEBORG, Magistrate Judge

STIPULATION FOR VOLUNTARY DISMISSAL OF DEFENDANT NAM NGUYEN AND REQUEST TO RETAIN JURISDICTION; [PROPOSED] ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff DIRECTV, Inc. ("DIRECTV") and Defendant NAM NGUYEN ("Defendant"), through their respective counsel of record, that the above-captioned action be and hereby is dismissed with prejudice, pursuant to Fed.R.Civ.P. 41(a)(1), as to Defendant. Each of said parties to bear its/his own costs and attorneys fees.

  The terms of the Confidential Settlement Agreement dated June 29, 2005 ("Agreement") entered into between the Defendant and DIRECTV require installment payments from Defendant, the last of which is not due to be received until December 2005. If the Defendant does not make any payment under the Agreement when due, DIRECTV is authorized to seek the entry of a Judgment in this action against Defendant pursuant to a Stipulation for Entry of Judgment ("Stipulation") executed by the parties concurrently with the Agreement. 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 the payment terms of the Agreement, including entering a Judgment against Defendant pursuant to the Stipulation. The parties therefore respectfully request that the Court retain such jurisdiction. ORDER

  HAVING READ AND CONSIDERED the forgoing Stipulation for Voluntary Dismissal of Defendant NAM NGUYEN ("Defendant") and Request to Retain Jurisdiction, and such other pleadings, documents and records deemed appropriate by the Court, and good cause appearing therefore, IT IS HEREBY ORDERED:

  (1) Defendant is hereby dismissed from this action with prejudice;

  (2) Each of said parties to bear its/his own costs and attorneys fees; and

  (3) The Court shall retain jurisdiction over DIRECTV and Defendant to enforce the terms described above of the Settlement Agreement between those parties dated June 29, 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.

20051214

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