Opinion
Case No. 05cv16931EG(RBB).
April 7, 2006
CAROL C. LAM United States Attorney RICHARD TOLLES Assistant U.S. Attorney California State Bar No. 078948 Office of the U.S. Attorney San Diego, California, Attorneys for Defendant United States of America.
THOMAS FRIEDBEGR, Attorney for Plaintiff.
STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER THEREON
IT HEREBY IS STIPULATED by and between the parties, through their attorneys of record, as follows:
Pursuant to a separate Settlement Agreement and Release of Claims that was signed by Plaintiff and the attorneys of record for the respective parties, the above-captioned action shall be dismissed with prejudice pursuant to Rule 41(a) (1) (ii) of the Federal Rules of Civil Procedure, with attorney fees to be paid out of the settlement, as provided in 28 U.S.C. § 2678, and each party to bear its own expenses and costs of suit.
Notwithstanding the entry of dismissal with prejudice herein, the parties hereby stipulate that the Court shall maintain jurisdiction to enforce the terms of the Settlement Agreement.Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375 (1994).
ORDER
Pursuant to the foregoing Stipulation of the parties, IT HEREBY IS ORDERED THAT this action is dismissed with prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, with each party to bear its costs of suit.