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Daren Heatherly and Irma Ramirez, Each An Individual v. Pasta Pomodoro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 12, 2012

DAREN HEATHERLY AND IRMA RAMIREZ, EACH AN INDIVIDUAL, PLAINTIFFS,
v.
PASTA POMODORO, INC., A DELAWARE CORPORATION; AND JOHN P. GIANARAS AND VIOLETTA D. GIANARAS, TRUSTEES OF THE
GIANARAS LIVING TRUST DATED OCTOBER 6, 2005,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Magistrate Judge Elizabeth D. Laporte United State District Judge

THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy, Suite 300 3 San Rafael, CA 94903 Telephone: 415/674-8600 4 Facsimile: 415/674-9900 5 Attorney for Plaintiffs' DAREN HEATHERLY and IRMA RAMIREZ, each an individual 6

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

The parties, by and through their respective counsel, stipulate to dismissal of this action in 20 its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the 21 Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own 22 costs and attorneys' fees. The parties further consent to and request that the Court retain 23 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 24 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement 25 agreements). 26

Therefore, IT IS HEREBY STIPULATED by and between parties to this action through 27 their designated counsel that the above-captioned action be and hereby is dismissed with prejudice 28 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 3 original document. 4 5

ORDER

IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 19 Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the 20 purpose of enforcing the parties' Settlement Agreement and General Release should such 21 enforcement be necessary. 22

Dated: _____________, 2011

20120112

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