The opinion of the court was delivered by: Mark S. Carlquist
MARK S. CARLQUIST, ESQ. SB#096341 654 North Santa Cruz Avenue, Suite E Los Gatos, CA 95030 3 Telephone: (408) 354-1955 Facsimile: (408) 354-2127 4 Email: firstname.lastname@example.org 5 Attorney for Plaintiff, The Brix Group, Inc. 6 7 8
STIPULATION OF DISMISSAL RE: DEFENDANT DAVID MICHAEL LICAVOLI; ORDER
IT IS HEREBY STIPULATED by and between Plaintiff The Brix Group, Inc. ("Plaintiff Brix"), and Defendant David Michael Licavoli, aka David Licavoli ("Defendant Licavoli"), through their designated counsel, as follows:
Plaintiff Brix and Defendant Licavoli have reached a full and final settlement of all 28 their respective issues in this action, and a Settlement Agreement between these parties has been fully executed.
Under the terms of the Settlement Agreement, Defendant Licavoli is to perform his payment obligation on or before April 8, 2011. The parties shall comply with their Settlement
Agreement, a copy of which is incorporated herein by reference as if fully set forth.
Plaintiff Brix and Defendant Licavoli hereby stipulate that this Court shall retain 6 jurisdiction to enforce the Settlement Agreement until June 1, 2011, in accordance with and 7 under the authority set forth in Kokkonen v. Guardian Life Ins. Co. of America, 511 US 381-8 382. Although the parties hereto are dismissing this action with prejudice, they agree that the
Court will retain jurisdiction over this action and the parties hereto in order to be able to 10 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 hereby is dismissed with prejudice pursuant to
FRCP 41 (a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement until June 1, 2011.