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International Settlement Holding Corp. v. OfficeMax North America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 12, 2009

INTERNATIONAL SETTLEMENT HOLDING CORPORATION, A CALIFORNIA CORPORATION; AND GARY GAVELLO, AN INDIVIDUAL, PLAINTIFFS,
v.
OFFICEMAX NORTH AMERICA, INC., AN OHIO CORPORATION; DOES 1 THROUGH 100, DEFENDANTS.
OFFICEMAX NORTH AMERICA, INC., AN OHIO CORPORATION, COUNTERCLAIMANT,
v.
INTERNATIONAL SETTLEMENT HOLDING CORPORATION, A CALIFORNIA CORPORATION; AND CLAUDE PERASSO, JR., AS LEGAL REPRESENTATIVE OF GARY GAVELLO, COUNTERDEFENDANTS.

The opinion of the court was delivered by: Hon. Marilyn Hall Patel

STIPULATION AND [PROPOSED] ORDER DISMISSING THE ACTION WITH PREJUDICE AND RESERVING JURISDICTION TO ENFORCE SETTLEMENT

STIPULATION OF DISMISSAL AND RESERVATION OF JURISDICTION

WHEREAS Plaintiffs and Counterdefendants International Settlement Holding Corporation, a California corporation ("ISHC") and Claude Perasso, Jr. ("Perasso"), as successor trustee of the Gary A. Gavello Family Trust and legal representative of Gary A. Gavello for purposes of the Action (as defined below) (collectively "Plaintiffs"), and Defendant and (collectively, the "parties"), entered into the written "Settlement and Mutual General Release Counterclaimant OfficeMax North America, Inc., an Ohio corporation ("OfficeMax") Agreement" effective on February 26, 2009 (the "Agreement") to settle fully and finally any and all disputes between them, including those arising out of the claims and defenses asserted in this action, Case No. C-09-03647-MHP (the "Action"), the Lease (defined in the Agreement), the Colma (defined in the Agreement); claims and counterclaims by any party, with each party to bear its own costs and fees; will retain continuing jurisdiction to adjudicate any disputes arising out of or relating in any way to the interpretation, enforcement, or performance of the Agreement; and disputes by noticed motion under applicable law; Property (defined in the Agreement), the Tenant Improvements (defined in the Agreement), and

WHEREAS the parties agreed to dismiss the Action with prejudice, including all

WHEREAS the parties further agreed to seek an order from this Court by which it

WHEREAS the parties further agreed that this Court could resolve any such

The parties hereby stipulate as follows:

1. Case No. C-09-03647-MHP is dismissed with prejudice pursuant to Federal Rule of Civil Procedure Rule 41, with each party to bear its own costs and fees; disputes arising out of or relating in any way to the interpretation, enforcement or performance of the Agreement; and

3. The parties may apply to the Court by noticed motion under applicable law to adjudicate any disputes arising out of or relating in any way to the interpretation, enforcement, or performance of the Agreement.

2. The Court expressly retains continuing jurisdiction to adjudicate any

ORDER

IT IS HEREBY ORDERED that the foregoing Stipulation is approved in its entirety and that:

1. Case No. C-09-03647-MHP is DISMISSED WITH PREJUDICE, with each party to bear its own costs and fees.

2. The Court expressly retains continuing jurisdiction over Case No. C-09- 03647-MHP after its dismissal to adjudicate any disputes arising out of or relating in any way to the interpretation, enforcement, or performance of the parties' February 26, 2009 written "Settlement and Mutual General Release Agreement" (the "Agreement"). The Court incorporates the terms of the Agreement into this Order.

3. The parties may apply to the Court by noticed motion under applicable law to adjudicate any disputes arising out of or relating in any way to the interpretation, enforcement, or performance of the Agreement. Any ruling rendered by the Court in connection with such a proceeding may be converted by the Court into a final judgment.

IT IS SO ORDERED

20090312

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