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Yates v. China Dragon Restaurant

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 21, 2008

CRAIG YATES, AN INDIVIDUAL; AND DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES:HELPING YOU HELP OTHERS, A CALIFORNIA PUBLIC BENEFIT CORPORATION, PLAINTIFFS,
v.
CHINA DRAGON RESTAURANT; DARLENE KEHOE, TRUSTEE UNDER THE JOANNE NOVAK ST.CLAIR IRREVOCABLE TRUST DATED DECEMBER 23, 1996; JUDY HOAHINI ZHANG AND YAO GUANG ZHANG, INDIVIDUALS DBA CHINA DRAGON RESTAURANT, DEFENDANTS.

The opinion of the court was delivered by: Hon. Thelton E. Henderson United States Senior Judge

STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT DARLENE KEHOE, trustee under the JOANNE NOVAK ST.CLAIR IRREVOCABLE TRUST dated DECEMBER 23, 1996

Plaintiffs CRAIG YATES and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES:HELPING YOU HELP OTHERS, and Defendant DARLENE KEHOE, trustee under the JOANNE NOVAK ST.CLAIR IRREVOCABLE TRUST dated DECEMBER 23, 1996, by and through their respective counsel, stipulate to dismissal of defendant DARLENE KEHOE, trustee under the JOANNE NOVAK ST.CLAIR IRREVOCABLE TRUST dated DECEMBER 23, 1996, with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Mutual Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. The stipulating parties further consent to and request that the Court retain jurisdiction over 2 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 settlement agreements).

Therefore, IT IS HEREBY STIPULATED that defendant DARLENE KEHOE, trustee under the JOANNE NOVAK ST.CLAIR IRREVOCABLE TRUST dated DECEMBER 23, 1996, be and is hereby 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.

Dated: July 21, 2008

ORDER

IT IS SO ORDERED.

20080721

© 1992-2008 VersusLaw Inc.



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