UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 5, 2011
GREGORIO MIGUEL LOPEZ AND JOHANA MONTOYA,
SAN JOSE MARKET CENTER HB INC. AND EVA KAM, DEFENDANTS.
The opinion of the court was delivered by: Hon. Richard Seeborg United States District Court Judge
STIPULATION AND ORDER TO DISMISS WITH PREJUDICE
Plaintiffs GREGORIO MIGUEL LOPEZ and JOHANA MONTOYA and defendants SAN JOSE MARKET CENTER HB INC. and EVA KAM, through their respective counsel, stipulate as follows:
1. The parties have settled the matter and executed a written settlement agreement.
2. Pursuant to the terms of the settlement agreement, Plaintiffs have been paid in full. However, Plaintiffs' attorneys have agreed to payment of their fees and costs under a payment plan.
3. As such, IT IS HEREBY STIPULATED, by and between the parties to this action through their designated counsel, that the above-captioned action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1).
4. The parties do request that the Court retain jurisdiction of the matter in the event there is a breach of the written settlement agreement.
IT IS SO STIPULATED.
Dated: January 3, 2011 DAL BON & MARGAIN APC By://s// Tomas Margain Tomas Margain Attorneys for Plaintiffs Dated: January 3, 2011 DONAHUE GALLAGHER WOODS LLP By://s// Jonathan McNeil Wong Jonathan McNeil Wong Attorneys for Defendants SAN JOSE MARKET CENTER HB INC. and EVA KAM
Pursuant to the stipulation and good cause shown, the matter is hereby Dismissed with prejudice. However, the Court will retain jurisdiction to enforce the written settlement agreement if it is breached by any party.
IT IS SO ORDERED.
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