Opinion
Case No. CV 11-3693 MEJ
10-21-2011
MICHAEL FERNANDES, Plaintiff, v. GEORGE H. BLOCK, Trustee, Defendant.
Edward A. Krause, Attorney for Defendant Thomas N. Stewart, III, Attorney for Plaintiff
THOMAS N. STEWART, III - #88128
ATTORNEY AT LAW
Attorneys for Michael Fernandes
STIPULATION OF DISMISSAL; ORDER
The parties hereto stipulate as follows:
The parties have reached a full and final settlement of all issues in this action. A Settlement Agreement between the parties has been fully executed.
Some parts of the Settlement Agreement are to be performed in the future. The parties shall comply with their Settlement Agreement, a copy of which is incorporated by reference as if fully set forth. The parties request the Court to retain jurisdiction for 2 years from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).
Although the parties are hereby dismissing this action with prejudice, they agree that the Court will retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement.
IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for 2 years after the date hereof.
Edward A. Krause,
Attorney for Defendant
Thomas N. Stewart, III,
Attorney for Plaintiff
IT IS SO ORDERED:
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Judge Magistrate