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Connally v. China First

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 22, 2009

PATRICK CONNALLY, AN INDIVIDUAL; AND DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS, A CALIFORNIA PUBLIC BENEFIT CORPORATION, PLAINTIFFS,
v.
CHINA FIRST, INC., A CALIFORNIA CORPORATION; GEORGE AND DOROTHY CHAN, 1983 TRUST, DEFENDANTS.

The opinion of the court was delivered by: Honorable Elizabeth D. Laporte United States Magistrate Judge of California

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

The parties, by and through their respective counsel, stipulate to dismissal of this action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. The parties further consent to and request that the Court retain jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements).

Therefore, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure Rule 41(a)(1).

Dated: October 7, 2009

ORDER

IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1).

IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary.

20091022

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