UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 16, 2009
SCOTT JOHNSON, PLAINTIFF,
INTRAWEST CALIFORNIA HOLDINGS, STIPULATION OF DISMISAL OF INC., INTRAWEST HOSPITALITY CROSS-ACTION; ORDER MANAGEMENT, INC., INTRAWEST RETAIL GROUP, INC., FIRST ASCENT OWNERS ASSOCIATION, INC., DEFENDANTS.
FIRST ASCENT OWNERS ASSOCIATION, INC., CROSS-CLAIMANT,
INTRAWEST HOSPITALITY MANAGEMENT, INC., CROSS-DEFENDANT.
The parties hereto stipulate as follows:
Previously, a settlement agreement between Plaintiff SCOTT JOHNSON and Defendant INTRAWEST HOSPITALITY MANAGEMENT, INC. (Intrawest) has been fully executed.
Defendant and Cross-Claimant FIRST ASCENT OWNERS ASSOCIATION, INC. ("First Ascent") was not a party to the settlement agreement between Plaintiff and Intrawest. However, pursuant to the Stipulation of Dismissal of First Amended Complaint; Order attached hereto as Exhibit A, Plaintiff's First Amended Complaint was dismissed, with prejudice, as to both Intrawest and First Ascent. Defendants Intrawest Holdings, Inc. and Intrawest Retail Group, Inc. were dismissed prior to any settlement agreements.
Now, First Ascent and Intrawest have reached a full and final settlement pursuant to the terms of a written Settlement Agreement. Pursuant to the Settlement Agreement, First Ascent agrees to dismiss its Cross-Claim (Cross-Action) against Intrawest, with prejudice.
Some parts of the Settlement Agreement are to be performed in the future. Although the Cross-Action is hereby being dismissed with prejudice, First Ascent and Intrawest agree and request the Court to retain jurisdiction for one (1) 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).
IT IS HEREBY STIPULATED by and between First Ascent and Intrawest, through their designated counsel, that First Ascent's Cross-Action be and hereby is dismissed with prejudice pursuant to FRCP 41 (a) (2), and the court retains the jurisdiction solely to enforce the terms of the Settlement Agreement for one (1) year after the date hereof.
Date :December 29, 2008
Charles E. Noneman Attorney for Intrawest
Date: January 14, 2009
Sam Y. Chon Attorney for First Ascent
IT IS SO ORDERED:
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