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Alma Clarisa Hernandez, Theresa Wallen, Ronald Moore v. Vallco Shopping Mall

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 24, 2011

ALMA CLARISA HERNANDEZ, THERESA WALLEN, RONALD MOORE, PLAINTIFFS,
v.
VALLCO SHOPPING MALL, LLC, ET AL.,
DEFENDANTS.

K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiffs Alma Clarisa Hernandez, Theresa Wallen and Ronald Moore

STIPULATION FOR DISMISSAL OF NOBUMITSU KOBAYASHI dba GRAIN D'OR ONLY; [PROPOSED] ORDER

IT IS HEREBY STIPULATED by and between Plaintiffs Alma Clarisa Hernandez,

Theresa Wallen and Ronald Moore ("Plaintiffs") and Defendant Andersen Bakery, dba Grain D'Or (incorrectly named herein as Nobumitsu Kobayashi dba Grain D'Or) ("Defendant"), through their attorneys of record, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant be dismissed with prejudice from this action.

IT IS FURTHER STIPULATED between Plaintiffs Alma Clarisa Hernandez and Ronald Moore, and Defendant that this case has been settled as between them and all issues and controversies have been resolved to their mutual satisfaction. Plaintiffs Alma Clarisa Hernandez 26 and Ronald Moore, and Defendant request the Court to retain jurisdiction to enforce the terms 27 of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).

ORDER

The parties having so stipulated,

IT IS HEREBY ORDERED as follows:

1. Plaintiffs Alma Clarisa Hernandez and Ronald Moore, and Defendant Andersen Bakery, dba Grain D'Or (incorrectly named herein as Nobumitsu Kobayashi dba Grain D'Or) shall comply with the terms of the confidential Settlement Agreement and Release in Full, the 19 terms of which are incorporated herein by reference.

2. By consent of Plaintiffs Alma Clarisa Hernandez and Ronald Moore, and Defendant Andersen Bakery, dba Grain D'Or (incorrectly named herein as Nobumitsu Kobayashi dba Grain D'Or), the Court shall retain jurisdiction in this matter for the purpose of enforcing the terms of the settlement agreement.

3. Except as provided for in paragraphs 1 and 2 above, Defendant Nobumitsu Kobayashi dba Grain D'Or is dismissed with prejudice from this action.

IT IS SO ORDERED.

United States District Court Judge

20110624

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