Opinion
CASE NO. C 04-4074 WHA.
October 25, 2005
Thomas P. Riley, SBN 194706 LAW OFFICES OF THOMAS P. RILEY, P.C. One California Plaza Los Angeles, CA Attorneys for Plaintiff King Vision Pay-Per-View, Ltd. LAW OFFICES OF GEORGE HOLLAND Terry R. Collins, Esquire Attorneys for James A. Dailey, individually and d/b/a Golden Bear Sport Bar Defendant
STIPULATION OF DISMISSAL OF PLAINTIFF'S COMPLAINT AGAINST DEFENDANT JAMES A. DAILEY, individually and d/b/a GOLDEN BEAR SPORT BAR
IT IS HEREBY STIPULATED by and between Plaintiff KINGVISION PAY-PER-VIEW, LTD. and Defendant JAMES A. DAILEY, individually and d/b/a GOLDEN BEAR SPORT BAR, that the above-entitled action is hereby dismissed without prejudice against James A. Dailey, individually and d/b/a GOLDEN BEAR SPORT BAR subject to the Court's jurisdiction to enforce the settlement agreement reached between the Parties. IT IS FURTHER STIPULATED that provided no Party referenced above has filed a motion to reopen this action by December 1, 2005, this Court shall not have jurisdiction to set aside the dismissal and the dismissal as to Defendant James A. Dailey, individually and d/b/a Golden Bear Sport Bar shall be deemed to be with prejudice.
This dismissal is made pursuant to Federal Rules of Civil Procedure 41(a)(1), Each Party referenced-above shall bear its own attorneys' fees and costs.
The Court shall retain jurisdiction to enforce the settlement agreement only through December 23, 2005.
IT IS SO ORDERED: