Opinion
Case No. C04-02416 RMW.
October 6, 2005
THOMAS E. FRANKOVICH, (State Bar #074414), JULIA M. ADAMS, (State Bar #230795), A PROFESSIONAL LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs, JAREK MOLSKI and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES: HELPING YOU HELP OTHERS.
Caleb S. Baskin, BASKIN GRANT, LLP, Attorneys for Defendants GEORGE OW, JR., DAVID L. OW and TERRY L. OW, as trustees of the OW CHILDREN'S TRUST, dated December 23, 1993.
Henry A. Wirta, Jr., HARRINGTON, FOXX, DUBROW CANTER, LLP, Attorneys for Defendants TINY'S RESTAURANTS, INC., and TINY'S RESTAURANTS, LLC.
STIPULATION OF DISMISSAL AND ORDER THEREON
Plaintiffs JAREK MOLSKI and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES, by and through their counsel, and defendant TINY'S RESTAURANT, INC., a California corporation; TINY'S RESTAURANT, LLC., a California limited liability company; and GEORGE OW, JR., DAVID L. OW and TERRY L. OW, as trustees of the OW CHILDREN'S TRUST, dated December 23, 1993, by and through their 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") 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 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 SO ORDERED.