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Gott Brothers Development v. Jean Nicholson and Dean Nicholson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 28, 2012

GOTT BROTHERS DEVELOPMENT,
LLC, A LIMITED LIABILITY COMPANY PLAINTIFF,
v.
JEAN NICHOLSON AND DEAN NICHOLSON, INDIVIDUALLY AND AS TRUSTEES OF THE DEAN AND JEAN T. NICHOLSON FAMILY TRUST; VIRGINIA TOOGOOD, INDIVIDUALLY AND AS THE TRUSTEE OF THE VIRGINIA TOOGOOD FAMILY TRUST, COMPRISING VIRGINIA T. TOOGOOD AND DOES 1-20, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Phyllis J. Hamilton

JOINT STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

Whereas Plaintiff and Counter-Defendants GOTT BROTHERS DEVELOPMENT, LLC, a California limited liability company. JOEL GOTT, an individual and DUNCAN GOTT, an individual ("GOTT"), and Defendants and Counter-Complainants JEAN NICHOLSON and 2 DEAN NICHOLSON, individually and as Trustees of the DEAN AND JEAN T. NICHOLSON 3 FAMILY TRUST and VIRGINIA TOOGOOD, individually and as the Trustee of the 4 VIRGINIA TOOGOOD FAMILY TRUST COMPRISING VIRGINIA T. TOOGOOD 5 ("NICHOLSON/TOOGOOD") (collectively the "Parties") reached a settlement before the 6 Honorable Magistrate Judge Ryu, the terms of which were put on the record on January 9, 7 2012. Accordingly, the above matter may now be dismissed. As part of the settlement put on 8 the record on that date, Judge Ryu retained jurisdiction, and shall continue to retain such 9 jurisdiction after filing of this stipulation and dismissal, to resolve any dispute concerning the 10 drafting of settlement documents by binding and non-appealable decision. Further, as the 11 settlement included installment payments from GOTT to NICHOLSON/TOOGOOD, the last 12 of which is due and payable on June 1, 2014, the Court shall retain jurisdiction on application 13 of NICHOLSON/TOOGOOD to set aside this dismissal and enter judgment upon the 14 settlement on the record or instead pursuant to subsequent written settlement agreement 15 executed by the Parties. 16

IT IS HEREBY STIPULATED by the Parties and their attorneys of record that the Court respectfully confirm the dismissal of the above action without prejudice pursuant to Rule 18 41(a)(1)(ii) of the Federal Rules of Civil Procedure. 19

WHEREFORE, the Parties stipulate that this case be dismissed without prejudice 20 pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure upon the terms set forth 21 herein. 22

Jointly stipulated this ____ day of February, 2012. THE LAW OFFICES OF JAMES R. ROSE JAMES R. ROSE Attorneys for Plaintiff and Counter-Defendants THE LAW OFFICES OF PATRICK MCGOVERN PATRICK MCGOVERN Attorneys for Defendants and Counter-Claimaints

ORDER

The Joint Stipulation of Dismissal having been submitted by the parties, and good cause appearing therefore, IT IS HEREBY ORDERED

1. The case is dismissed without prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure; 12

2. Magistrate Judge Donna M. Ryu to resolve any dispute concerning the drafting of 13 settlement documents by binding and non-appealable decision; and 14

3. The Court retains jurisdiction upon application of NICHOLSON/TOOGOOD to set aside this dismissal and enter judgment upon the settlement on the record or instead pursuant to 17 subsequent written settlement agreement executed by the Parties. 18 19

IT IS SO ORDERED

HON. PHYLLIS J. HAMILTON United States District Judge

20120228

© 1992-2012 VersusLaw Inc.



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