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Craig Yates, An Individual v. Superior Palace Seafood; T.W. Eng Construction Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 15, 2011

CRAIG YATES, AN INDIVIDUAL,
PLAINTIFF,
v.
SUPERIOR PALACE SEAFOOD; T.W. ENG CONSTRUCTION CO., INC., A CALIFORNIA CORPORATION; LIAO ZI LI AND CHEN LI QUN, INDIVIDUAL'S DBA SUPERIOR PALACE SEAFOOD, DEFENDANTS.

The opinion of the court was delivered by: Honorable Magistrate Judge Bernard Zimmerman 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 Facsimile: 415/674-9900 Attorneys for Plaintiff CRAIG YATES, 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 21 costs and attorneys' fees. The parties further consent to and request that the Court retain 22 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 23 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of 24 settlement agreements). 25

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 section 41(a)(1).

This stipulation may be executed in counterparts, all of which together shall constitute one original document. 4 5

20110415

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