Opinion
THOMAS E. FRANKOVICH, THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION, San Rafael, CA, Attorneys for Plaintiffs MARSHALL LOSKOT and YVONNE WILLIAMS.
PRICE & BROWN, Philip B. Price, Attorney for Defendants SUB STATION; DONALD GLEN RUSSELL; JULIE RENEE RUSSELL; MATTHEW BRUCE GALLAWAY; and JODY MARIE GALLAWAY.
STIPULATION OF DISMISSAL AND ORDER THEREON
MORRISON C. ENGLAND, Jr., Chief District Judge.
The parties, by and through their respective counsel, stipulate to dismissal of this action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. The parties further consent to and request that the Court retain jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements).
Therefore, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that the above-captioned action become and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).
This stipulation may be executed in counterparts, all of which together shall constitute one original document.
ORDER
Pursuant to the parties signed stipulation, IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary.