Opinion
No. C 03 0005 SI.
July 23, 2004
VINCENT J. COURTNEY, JR., SBN 56801, SYLVIA COURTNEY, SBN 85434, COURTNEY LAW OFFICES, San Francisco, CA, ROBERT WOODALL, Attorneys for Defendant/Counterclaimant.
WEINBERG, ROGER ROSENFELD, JAMES J. WESSER, Attorneys for Plaintiffs United Foods, AFL-CIO and Timothy P.J. McCabe.
STIPULATION AND PROPOSED ORDER OF DISMISSAL PURSUANT TO FRCP RULE 41(a)(2) AND CONTINUING COURT JURISDICTION OF SETTLEMENT
RECITALS
United Food Commercial Workers Union, Local No. 648, AFL-CIO, and Timothy P.J. McCabe ("Plaintiffs"), filed their first amended complaint on April 18, 2003 and Robert Woodall ("Defendant") filed his first amended counterclaim on March 12, 2004. Plaintiffs and Defendants entered into a written settlement agreement on May 3, 2004. Among the terms of the agreement Plaintiffs and Defendant agreed to enter into a Stipulation to propose an Order to the Court seeking a Court Order of a Dismissal With Prejudice of the entire matter as between Plaintiffs and Defendant Woodall.
STIPULATION
It is Stipulated by and between United Food Commercial Workers Union, Local No. 648, AFL-CIO, and Timothy P.J. McCabe, through their counsel and by Robert Woodall through his counsel that this entire matter as to these three named parties be Dismissed With Prejudice. The agreed dismissal with prejudice shall not affect the continued litigation of the matter as between the Plaintiffs and any Defendants other than Defendant Woodall.
It is Further Stipulated that this Court retain jurisdiction of the Settlement and the terms of the Settlement of this matter after the entry of this Order of Dismissal.