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Edwards v. City of Colfax

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 22, 2009

ALLEN EDWARDS, AN INDIVIDUAL; NANCY EDWARDS, AN INDIVIDUAL; AND ENVIRONMENTAL LAW FOUNDATION, A NON-PROFIT ORGANIZATION, PLAINTIFFS,
v.
THE CITY OF COLFAX, A MUNICIPAL CORPORATION, DEFENDANT.

STIPULATION TO DISMISS PLAINTIFFS' CLAIMS WITH PREJUDICE; SETTLEMENT AGREEMENT; ORDER;

Plaintiffs Allen Edwards, Nancy Edwards, and Environmental Law Foundation (collectively "Plaintiffs") and Defendant the City of Colfax ("Colfax") by and through their attorneys of record, hereby enter into this stipulation, dismissal with prejudice, and settlement agreement.

WHEREAS, Plaintiffs and Defendant (the "Parties") have entered into a settlement agreement ("Settlement Agreement" or "Agreement") that achieves a full and final settlement of all Plaintiffs' claims against Defendant as set forth in Civil Case No. 2:07-CV-02153 GEB (EFB) (hereinafter "Complaint");

WHEREAS, a copy of the Agreement is incorporated herein and attached as Exhibit A to this stipulated dismissal and order;

NOW THEREFORE, the Parties jointly stipulate as follows:

1. All claims alleged in Plaintiffs' Complaint against Colfax as set forth in Civil Case No. 2:07-CV-02153 GEB (EFB) are dismissed with prejudice.

2. The Parties respectfully request that the Honorable Edmund F. Brennan retain jurisdiction over Civil Case No. 2:07-CV-02153 GEB (EFB) for the purpose of resolving any disputes between the Parties with respect to enforcement of any provision of the terms of the Agreement.

ORDER

Based on the above stipulation of the Parties,

IT IS HEREBY ORDERED that Plaintiffs' claims against Defendant as set forth in Civil Case No. 2:07-CV-02153 GEB (EFB) are dismissed with prejudice.

IT IS FURTHER ORDERED that the District Court, through Magistrate Brennan, shall retain jurisdiction over Civil Case No. 2:07-CV-02153 GEB (EFB) for the sole purpose of enforcing compliance by the Parties with the terms of the Agreement attached as Exhibit A to the Parties' Stipulation to Dismiss with Prejudice.

IT IS SO ORDERED.

20090122

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