Opinion
THOMAS E. FRANKOVICH (State Bar #074414), JESSICA A. DAYTON, (State Bar #231698) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION San Francisco, CA, Attorneys for Plaintiffs.
JAREK MOLSKI and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES: HELPING YOU HELP OTHERS, Attorneys for Plaintiffs.
HINKLE, JACHIMOWICZ, POINTER & MAYRON ATTORNEYS AT LAW, GERALD A. EMANUEL, Attorneys for Defendants, KING & I INVESTMENT GROUP, a California corporation
BERLINER COHEN, ATTORNEYS AT LAW, LAURA A. PALAZZOLO, Attorneys for Defendants DELORES M. WEST and ELAINE C. WEST, individually and as trustees of the WILLIAM M. & DELORES M. WEST REVOCABLE TRUST.
STIPULATION OF DISMISSAL AND ORDER
RONALD WHYTE, 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)(1). Outside of the terms of the Settlement Agreement and General Release ("Agreement"), 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 be and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure section 41(a)(1).
This stipulation may be executed in counterparts, all of which together shall constitute one original document.
ORDER
IT IS HEREBY ORDERED that matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). 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.