Opinion
CASE NO. CV-11-1069-MEJ
11-10-2011
DAREN HEATHERLY; and IRMA RAMIREZ, Plaintiffs, v. MARISCO'S LA JAIBA; XU TRUONG and AHN HOANG, TRUSTEES OF THE TRUONG/HOANG FAMILY TRUST, U.D.T. dated March 18, 1997; and MIGUEL PELAYO MONTIEL, an individual dba MARISCO'S LA JAIBA, Defendants.
THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION Attorneys for Plaintiffs' Brian J. Purtill, Esq. Attorneys for XU TRUONG and AHN HOANG, TRUSTEES OF THE TRUONG/HOANG FAMILY TRUST, U.D.T. dated March 18, 1997 Robert S. Aaron, Esq. Attorneys MIGUEL PELAYO MONTIEL, an individual dba MARISCO'S LA JAIBA,
THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
Attorneys for Plaintiffs'
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
The parties, by and through their respective counsel, stipulate to dismissal of this action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. The parties further consent to and request that the Court retain jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements).
Therefore, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure section 41(a)(1).
This stipulation may be executed in counterparts, all of which together shall constitute one original document.
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
Thomas E. Frankovich Attorney for DAREN HEATHERLY; and IRMA
RAMIREZ, each an individual
Brian J. Purtill, Esq.
Brian J. Purtill, Esq.
Attorneys for XU TRUONG and AHN HOANG,
TRUSTEES OF THE TRUONG/HOANG FAMILY
TRUST, U.D.T. dated March 18, 1997
Robert S. Aaron, Esq,
Robert S. Aaron, Esq.
Attorneys MIGUEL PELAYO MONTIEL, an
individual dba MARISCO'S LA JAIBA,
ORDER
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(l). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties' Settlement Agreement and General Release should such enforcement be necessary
Honorable Judge Maria-Elana James
UNITED STATES DISTRICT JUDGE