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Daren Heatherly and Irma Ramirez, Each An Individual v. Happy Donuts; Wayne Woo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 25, 2012

DAREN HEATHERLY AND IRMA RAMIREZ, EACH AN INDIVIDUAL
PLAINTIFFS,
v.
HAPPY DONUTS; WAYNE WOO;
LILLIAN WOO; WALDEN WOO AND
CATHERINE L. GLAHN, TRUSTEES OF THE WALDEN WOO AND CATHERINE L. GLAHN 2003 REVOCABLE TRUST CREATED SEPTEMBER11, 2003;
WESLEY WOO, AS TRUSTEE OF THE WESLEY WOO 2003 REVOCABLE TRUST CREATED
DECEMBER 31, 2003; WAYNE WOO AND ANGELA WOO, AS TRUSTEES OF THE WAYNE WOO AND ANGELA WOO REVOCABLE TRUST;
LILLIAN WOO TRUSTEE OF THE CHORLEY-WOO TRUST DATED DECEMBER 20, 2006; AND
LILLY YAM AND FATH YIN INDIVIDUALS 25 DBA HAPPY DONUTS,
DEFENDANTS.

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

THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH 2 A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy, Suite 300 3 San Rafael, CA 94903 Telephone: 415/674-8600 4 Facsimile: 415/674-9900 5 Attorneys for Plaintiff DAREN HEATHERLY; and IRMA RAMIREZ 6 7

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

The parties, by and through their respective counsel, stipulate to dismissal of this action 2 in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the 3 Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own 4 costs and attorneys' fees. The parties further consent to and request that the Court retain 5 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 6 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of 7 settlement agreements). 8

Therefore, IT IS HEREBY STIPULATED by and between parties to this action through 9 their designated counsel that the above-captioned action be and hereby is dismissed with 10 prejudice 11 pursuant to Federal Rules of Civil Procedure section 41(a)(1). 12 This stipulation may be executed in counterparts, all of which together shall constitute 13 one original document. 14 15

SIGNATURES CONTINUED ON NEXT PAGE

ORDER

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 20 the purpose of enforcing the parties' Settlement Agreement and General Release should such 21 ES DIST enforcement be necessary

IT IS SO ORDERED

UNITED STATE DISTRICT JUDGE Laporte Judge Elizabeth

20120125

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