UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 9, 2013
SUNHILL ENTERPRISES, LP, DEFENDANT.
The opinion of the court was delivered by: Hon. Jacqueline Scott Corley
STIPULATION OF DISMISSAL OF THE COMPLAINT; ORDER and Impleader Action
The Plaintiff and Defendant hereto stipulate as follows: The Plaintiff and Defendant have reached a full and final settlement of all issues between them in this action. A Settlement Agreement between the Plaintiff and Defendant has been fully executed.
Some parts of the Settlement Agreement are to be performed in the future. The Plaintiff and Defendant shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The Plaintiff and Defendant request the Court to retain jurisdiction over them for 18 months from the date hereof in order to enforce the terms of the Settlement Agreement between them under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).
Although the Plaintiff and Defendant are hereby dismissing the Action between them with prejudice, they agree that the Court will retain jurisdiction over the Action between them and the Plaintiff and Defendant in order to be able to enforce the terms of the Settlement Agreement.
IT IS HEREBY STIPULATED by and between the Plaintiff and Defendant through their designated counsel that the Complaint be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction over Plaintiff and Defendant to enforce the terms of the Settlement Agreement between them for 18 months after the date hereof.
This Action continues as to the Impleader between Sunhill Enterprises, L.P. and Joanna Chau. Date: January 8, 2013 Date: January 8, 2013 S/Rebecca Coll, S/Thomas N. Stewart, III, Attorney for Defendant Attorney for Plaintiff
IT IS SO ORDERED:
IT IS SO ORDERED A
United States Magistrate Judge Judge Jacqueline Scott Corley
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