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Heatherly v. Jaiba

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 10, 2011
CASE NO. CV-11-1069-MEJ (N.D. Cal. Nov. 10, 2011)

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


Summaries of

Heatherly v. Jaiba

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 10, 2011
CASE NO. CV-11-1069-MEJ (N.D. Cal. Nov. 10, 2011)
Case details for

Heatherly v. Jaiba

Case Details

Full title:DAREN HEATHERLY; and IRMA RAMIREZ, Plaintiffs, v. MARISCO'S LA JAIBA; XU…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 10, 2011

Citations

CASE NO. CV-11-1069-MEJ (N.D. Cal. Nov. 10, 2011)