Crabtree v. Medieval Metal, LLC

Full title: PAUL E. CRABTREE, an individual, BARBARA MUNDELL, an individual, PAUL…

Court: United States District Court, S.D. California

Date published: Sep 23, 2005

Case No. 04 cv 1116 B (NLS) (S.D. Cal. Sep. 23, 2005)

Opinion

Case No. 04 cv 1116 B (NLS).

September 23, 2005

GORDON REES LLP, JOHN L. HALLER, CHARLES V. BERWANGER, HARRIS F. BROTMAN, SUSAN B. MEYER, GORDON REES LLP, San Diego, CA

MEDIEVAL METAL, LLC, SEAN POTTER, ERIKA POTTER, GUSTAV TANDBERG, CHERYL TANDBERG, CHERYL TANDBERG and GUSTAV TANDBERG doing business as LORD OF THE RINGS; CHERYL TANDBERG, and GUSTAV TANDBERG erroneously sued as doing business as LADY OF THE RINGS; and SKY TANDBERG, Attorneys for Defendants and Counterclaimants.

WLF/The Williams Law Firm, PC, Craig Williams, Esq., Cecilia A. Perkins, Esq., Paul E. Crabtree, Barbara Mundell, Paul Reeves and Marsha Goodman-Reeves, Attorneys For Plaintiffs/Counterclaim Defendants.

STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND COUNTERCLAIMS AS BETWEEN PLAINTIFFS AND THE MEDIEVAL METAL DEFENDANTS; ORDER OF DISMISSAL [F.R.C.P., RULE 41(A)(1)(ii)]

RUDI BREWSTER, Senior District JudgePage 2

Plaintiffs PAUL E. CRABTREE, BARBARA MUNDELL, PAUL REEVES and MARSHA GOODMAN REEVES ("Plaintiffs") and Defendants MEDIEVAL METAL, LLC; SEAN POTTER; ERIKA POTTER; GUSTAV TANDBERG; CHERYL TANDBERG; CHERYL TANDBERG AND GUSTAV TANDBERG doing business as LORD OF THE RINGS; and CHERYL TANDBERG AND GUSTAV TANDBERG erroneously sued as doing business as LADY OF THE RINGS and SKY TANDBERG (hereinafter "Medieval Metal Defendants") (collectively the "Stipulating Parties"), by and through their respective counsel of record as set forth below, hereby stipulate pursuant to Fed.R.Civ.Pro., Rule 41(a)(1)(ii) to the dismissal with prejudice of all claims and counterclaims as between the Stipulating Parties in the above captioned action, all parties to bear their own costs and attorneys' fees.

The Stipulating Parties hereby advise the Court that the Plaintiffs and the Medieval Metal Defendants have entered into a Mutual Settlement and Release of Claims Agreement, which is incorporated herein by this reference ("Medieval Metal Agreement"), the terms of which are incorporated herein by reference, which agreement resolves all claims and counterclaims between those parties.

The Stipulating Parties further stipulate that by incorporating by reference the terms of the settlement agreement among the Stipulating Parties, the obligations of the parties to comply with the respective terms of the Medieval Metal Agreement are made a part of the dismissal order. ( Hagestad v. Tragesser v. Oregon State Bar, 49 F.3d 1430 (9^th Cir. 1995); see also Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 114 S.Ct. 1673; 128 L. Ed. 2d 391 (1994).)

The Stipulating Parties respectfully request that the Court retain continuing jurisdiction for a period of five (5) years after entry of dismissal, for purposes of interpreting and enforcing the Medieval Metal Agreement.

IT IS SO STIPULATED.

ORDER OF DISMISSAL

The foregoing stipulation of the parties for dismissal with prejudice of all claims and counterclaims as between Plaintiffs and the Medieval Metal Defendants having been received by the Court and duly considered,

AND GOOD CAUSE APPEARING THEREFOR,

IT IS HEREBY ORDERED that all claims and counterclaims as between Plaintiffs and the Medieval Metal Defendants are dismissed with prejudice IT IS FURTHER ORDERED that, at the request of the Stipulating Parties, the Court will retain continuing jurisdiction for a period of five years from the date of entry of dismissal for purposes of interpreting and enforcing the Medieval Metal Agreement.

IT IS SO ORDERED.