Opinion
Case No. C 02-3833 BZ
November 10, 2003
Holly L. Sutton, FARELLA BRAUN MARTEL LLP, San Francisco, for Plaintiff
Jon R. Vaught, for Defendant
STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER
WHEREAS on January 9, 2003 the parties to this matter entered into settlement of Plaintiffs claims, which stated that the District Court would retain jurisdiction of the case until final payment was made by Defendant in accordance with the settlement agreement;
WHEREAS on February 8, 2003 Defendant 21st Century Toys filed a voluntary petition for relief pursuant to Chapter 11 of the United States Bankruptcy Code in the United States Bankrupcy Court for the Northern District of California; Oakland Division;
WHEREAS the parties executed a subsequent settlement agreement on July 29, 2003 addressing the claims raised in the instant matter by Plaintiff Barry Billed and enforcement of the settlement agreement against the Debtor;
WHEREAS the superseding settlement agreement was approved on August 25, 2003, by the Honorable Edward D. Jellan of the United States Bankruptcy Court of the Northern District of California, Case No. 03-41227-J-11; and WHEREAS Judge Jellan has retained jurisdiction to enforce the settlement agreement between the parties;
IT IS HEREBY STIPULATED by the parties, through their counsel, that pursuant to Rule 41(a)(1), this action is dismissed in its entirety with prejudice, with each party bearing its own fees, costs and expenses.
ORDER
Pursuant to stipulation of the parties, it is ordered that this action is dismissed in its entirety with prejudice, each party to bear its own fees, costs and expenses.