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Anthony Lerma, et al v. Annie Nguyen Dba

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 15, 2012

ANTHONY LERMA, ET AL., PLAINTIFF,
v.
ANNIE NGUYEN DBA RIB-LICIOUS BBQ, DEFENDANTS.

The opinion of the court was delivered by: Judge Charles R. Breyer United States District Court Judge

K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 2 MOORE LAW FIRM, P.C. 332 North Second Street 3 San Jose, California 95112 Telephone: (408) 298-2000 4 Facsimile: (408) 298-6046 5 Attorneys for Plaintiff Anthony Lerma 6 7 8

STIPULATION FOR DISMISSAL OF DEFENDANTS GEORGE KU AND JEN SHWN, TRUSTEES OF THE SHWN J. TRUST ONLY; [PROPOSED] ORDER

IT IS HEREBY STIPULATED by and between Plaintiff Anthony Lerma ("Plaintiff") 19 and Defendants George Ku and Jen Shwn, Trustees of the Shwn J. Trust ("Defendants" and 20 together with Plaintiff, the "Parties"), by and through their respective counsel, that pursuant to 21 Federal Rule of Civil Procedure 41(a)(2), Defendants George Ku and Jen Shwn, Trustees of the 22 Shwn J. Trust be dismissed with prejudice from this action. 23

IT IS FURTHER STIPULATED between Plaintiff and Defendants that this case has 24 been settled as between them and all issues and controversies have been resolved to their 25 mutual satisfaction. Plaintiff and Defendants request the Court to retain jurisdiction to enforce 26 the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. 27 Co. of America, 511 U.S. 375, 381-82 (1994). 28

ORDER

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

1. Plaintiff Anthony Lerma and Defendants George Ku and Jen Shwn, Trustees of 15 the Shwn J. Trust shall comply with the terms of the confidential Settlement Agreement and 16 Release in Full, the terms of which are incorporated herein by reference. 17

2. By consent of Plaintiff Anthony Lerma and Defendants George Ku and Jen Shwn, Trustees of the Shwn J. Trust, the Court shall retain jurisdiction over the Parties for the 19 purpose of enforcing the terms of the settlement agreement. 20

3. Except as provided for in paragraphs 1 and 2 above, George Ku and Jen Shwn, Trustees of the Shwn J. Trust are dismissed with prejudice from this action. 22

IT IS SO ORDERED.

20120315

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