Opinion
Case No. CV-04-3578 EMC.
November 30, 2005
Alan J. Kessel (Cal. Bar No.: 130707), Keli N. Osaki (Cal. Bar No.: 179920), Brandon Q. Tran (Cal. Bar No.: 223435), BUCHALTER NEMER, A Professional Corporation, Irvine, California, Attorneys for Plaintiff DIRECTV, INC.
PARR LAW GROUP, Shawn R. Parr, Attorneys for Defendant EVERAL WADE.
STIPULATION FOR VOLUNTARY DISMISSAL OF DEFENDANT EVERAL WADE AND REQUEST TO RETAIN JURISDICTION; [ PROPOSED ] ORDER THEREON
IT IS HEREBY STIPULATED by and between Plaintiff DIRECTV, Inc. ("DIRECTV") and Defendant Everal Wade ("Defendant"), through their respective counsel of record, that the above-captioned action be and hereby is dismissed without prejudice, pursuant to Fed.R.Civ.P. 41(a)(1), as to Defendant. Each of said parties to bear its/his own costs and attorneys fees.
The terms of the Confidential Settlement Agreement dated October 7, 2005 ("Agreement") entered into between Defendant and DIRECTV require the performance of certain obligations by Defendant that will not be completed until December 2007. If Defendant does not timely or fully perform these obligations when due, DIRECTV is authorized to seek enforcement of those obligations in this Court. The parties therefore have consented, and hereby further stipulate and consent to, the retention of jurisdiction over them by this Court and to reference to a Magistrate Judge in this District for the purpose of enforcing those obligations of the Agreement, as defined therein. The parties therefore respectfully request that the Court retain such jurisdiction.
ORDER
HAVING READ AND CONSIDERED the forgoing Stipulation for Voluntary Dismissal of Defendant Everal Wade and Request to Retain Jurisdiction, and such other pleadings, documents and records deemed appropriate by the Court, and good cause appearing therefore, IT IS HEREBY ORDERED:(1) Defendant Everal Wade is hereby dismissed from this action without prejudice;
(2) Each of said parties to bear its/his own costs and attorneys fees; and
(3) The Court shall retain jurisdiction over Plaintiff DIRECTV, Inc. and Defendant Everal Wade to enforce the terms described above of the Settlement Agreement between those parties dated October 7, 2005 and hereby refers any further proceedings in this action to enforce such terms of the Settlement Agreement to a Magistrate Judge of this District.