UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
October 5, 2011
MARSHALL LOSKOT, AN INDIVIDUAL; PLAINTIFF,
CASA RAMOS RESTAURANT; RAMOS HOLDINGS LLC; AND MARCO ANTONIO RAMOS, AN INDIVIDUAL DBA CASA RAMOS MEXICAN RESTAURANT, , DEFENDANTS.
The opinion of the court was delivered by: John A. Mendez United State District Court Judge
STIPULATION OF DISMISSAL AND 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 costs and attorneys' fees. The parties further consent to and request that the Court retain jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements).
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.
Dated: October 4, 2011 THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION By: /s/ Thomas E. Frankovich Thomas E. Frankovich Attorney for Plaintiff MARSHALL LOSKOT, an individual Dated: October 4, 2011 MARC B. KOENIGSBERG GREENBERG TRAURIG LLP By: /s/ Marc B. Koeingsberg Marc B. Koenigsberg Attorneys for Defendants' RAMOS HOLDINGS LLC; and MARCO ANTONIO RAMOS, an individual dba Casa Ramos Mexican Restaurant
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary.
John A. Mendez Honorable
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