UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 7, 2008
DAVID JOHNSON, PLAINTIFF,
BARBARA SHIELDS, DEFENDANT. AND RELATED THIRD PARTY COMPLAINT.
The opinion of the court was delivered by: Judge/Magistrate Phyllis Judge
STIPULATION OF DISMISSAL; ORDER
The Plaintiff and Defendants (the Parties) stipulate as follows: The Parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed.
Some parts of the Settlement Agreement are to be performed in the future. The Parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The Parties request the Court to retain jurisdiction for one year from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).
Although the Parties are hereby dismissing the Complaint with prejudice, they agree that the Court will retain jurisdiction over this Action and the Parties hereto in order to be able to enforce the terms of the Settlement Agreement.
IT IS HEREBY STIPULATED by and between the Parties through their designated counsel that the Complaint be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for one year after the date hereof.
This Dismissal does not affect the Third Party Complaint.
Date: June 30, 2008
Date: June 30, 2008 S/Cary D. McReynolds, S/Thomas N. Stewart, III, Attorney for Defendants Attorney for Plaintiff
IT IS SO ORDERED:
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