UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
August 26, 2008
LENARD SCOTT, PLAINTIFF,
MOISES C. SANTANA, AS TRUSTEE OF THE MOISES C. SANTANA TRUST, DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
STIPULATION FOR DISMISSAL; ORDER AND RELATED CROSS-ACTION.
The Plaintiff and Moises C. Santana, as Trustee of the Moises C. Santana Trust (Santana), stipulate as follows:
Plaintiff and Santana have reached a full and final settlement of all issues in this action. A Settlement Agreement between them has been fully executed.
Some parts of the Settlement Agreement are to be performed in the future. Plaintiff and Santana shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. Plaintiff and Santana request the Court to retain jurisdiction for three years 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 Plaintiff and Santana are hereby dismissing the Complaint with prejudice, they agree that the Court will retain jurisdiction over the Complaint in this Action and Plaintiff and Santana hereto in order to be able to enforce the terms of the Settlement Agreement.
IT IS HEREBY STIPULATED by and between Plaintiff and Santana 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 three years after the date hereof.
There is a Cross-claim by Santana which is not affected by this Dismissal.
Date: August 21, 2008
Date: August 25, 2008
Stephen J. Greene, Jr., Thomas N. Stewart, III, Attorney for Santana Attorney for Plaintiff
IT IS SO ORDERED:
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