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Johnson v. Wagner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 18, 2009

SCOTT N. JOHNSON, PLAINTIFF,
v.
MIKE VAN WAGNER, INDIVIDUALLY AND D/B/A CAPITOL CITY MARINE, MIKE MOAD, INDIVIDUALLY AND D/B/A CAPITOL CITY MARINE; CHESTER E. HAMMONDS; CAROLE D. HAMMONDS; RICHARD J. BENNETT; GERALYN M. BENNETT, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, JR United States District Judge

STIPULATION OF DISMISSAL; ORDER Complaint Filed: August 20, 2006

The parties hereto stipulate as follows: The parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed.

Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth herein. The parties request the Court to retain jurisdiction for two 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). The parties are requesting a 2 year time period so that the City of Citrus Heights can complete their Auburn Blvd. improvement project.

Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to enforce the terms of the Settlement Agreement.

IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and is hereby dismissed with prejudice pursuant to FRCP 41 (a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for two years after the date hereof.

Dated: January 27, 2009

IT IS SO ORDERED.

20090318

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