UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
June 13, 2012
ANTHONY LERMA, PLAINTIFF,
NTT MCKEE RETAIL CENTER, LLC, ET AL., DEFENDANTS.
K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 5 Attorneys for Plaintiff Anthony Lerma
STIPULATION FOR DISMISSAL OF DANA N. PHAN DBA TAPIOCA EXPRESS ONLY; [PROPOSED] ORDER
IT IS HEREBY STIPULATED by and between Plaintiff Anthony Lerma ("Plaintiff") 19 and Defendant Dana N. Phan dba Tapioca Express ("Defendant"), by and through their 20 respective counsel, that pursuant to Federal Rule of Civil Procedure 41(a)(2), Defendant Dana 21 N. Phan dba Tapioca Express be dismissed with prejudice from this action. 22
IT IS FURTHER STIPULATED between Plaintiff and Defendant that this case has been 23 settled as between them and all issues and controversies have been resolved to their mutual 24 satisfaction. Plaintiff and Defendant request the Court to retain jurisdiction to enforce the terms 25 of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. Co. of 26 America, 511 U.S. 375, 381-82 (1994).
The parties having so stipulated,
IT IS HEREBY ORDERED as follows:
1. Plaintiff Anthony Lerma and Defendant Dana N. Phan dba Tapioca Express shall comply with the terms of the confidential Settlement Agreement and Release in Full, the terms 18 of which are incorporated herein by reference.
2. By consent of Plaintiff Anthony Lerma and Defendant Dana N. Phan dba Tapioca Express, the Court shall retain jurisdiction in this matter for the purpose of enforcing 21 the terms of the settlement agreement.
3. Except as provided for in paragraphs 1 and 2 above, Dana N. Phan dba Tapioca Express is dismissed with prejudice from this action. 24
IT IS SO ORDERED.
United States District Court Judge
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