Sydrian Lofton v. Wendy's of Santa Clara

STIPULATION FOR DISMISSAL OF ACTION ORDER

IT IS HEREBY STIPULATED by and between Plaintiff Sydrian Lofton ("Plaintiff") 18 and Defendants Wendy's of Santa Clara, Inc. and The Desmond Family Real Estate Limited 19 Partnership, a California Limited Partnership ("Defendants"), by and through their respective 20 counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendants be dismissed 21 with prejudice from this action.

IT IS FURTHER STIPULATED between Plaintiff and Defendants that this case has been settled as between them and all issues and controversies have been resolved to their 24 mutual satisfaction. Plaintiff and Defendants request the Court to retain jurisdiction to enforce the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381-82 (1994).

Date: June 23, 2011

ORDER

The parties having so stipulated, IT IS HEREBY ORDERED as follows:

1. Plaintiff Sydrian Lofton and Defendants Wendy's of Santa Clara, Inc. and The Desmond Family Real Estate Limited Partnership, a California Limited Partnership, shall comply with the terms of the Confidential Settlement Agreement and Release in Full, the terms of which are incorporated herein by reference.

2. By consent of Plaintiff Sydrian Lofton and Defendants Wendy's of Santa Clara, Inc. and The Desmond Family Real Estate Limited Partnership, a California Limited Partnership, 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, the entire action is dismissed with prejudice.

IT IS SO ORDERED.

United States Magistrate Judge

Lofton v. Wendy's of Santa Clara, Inc., et al. Stipulation for Dismissal; Order

20110728