UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
December 27, 2010
IRMA RAMIREZ; AND DAREN HEATHERLY, EACH AN INDIVIDUAL;
FOSTER FREEZE SANTA ROSA A.K.A., THOMAS J. PINKERTON; AND GERALDINE PINKERTON, DEFENDANTS.
The opinion of the court was delivered by: Honorable Judge Maxine M. Chesney. United State District Judge
THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy, Suite 300
San Rafael, CA 94903 Telephone: 415/674-8600
Attorney for Plaintiffs' IRMA RAMIREZ; and Plaintiffs DAREN HEATHERLY, each an individual;
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
their designated counsel that the above-captioned action be and
hereby is dismissed with prejudice
pursuant to Federal Rules of Civil Procedure section 41(a)(1).
This stipulation may be executed in counterparts, all of which together shall constitute one original document.
Dated: December 6, 2010
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 22 the purpose of enforcing the parties' Settlement Agreement and General Release should such 23 enforcement be necessary.
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