Opinion
Case No. C04-5457 WDB.
October 11, 2005
THOMAS E. FRANKOVICH (State Bar No. 074414), JENNIFER L. STENEBERG (State Bar No. 202985), THOMAS E. FRANKOVICH, A Professional Law Corporation, San Francisco, CA, Attorneys for Plaintiffs MARSHALL LOSKOT and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES.
VERNARDI • ELAM, LLP, H. Larry Elam, Attorneys for Defendant DAYS INN SAN RAFAEL and SAN RAFAEL MOTEL INVESTMENTS LLC.
STIPULATION OF DISMISSAL AND ORDER THEREON
The parties, by and through their 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 Mutual Settlement Agreement and Release ("Agreement") herein, each party is to bear its own costs and attorneys' fees. A true and correct copy of the subject Agreement is attached hereto and incorporated herein as Exhibit "A," and the parties consent to the Court retaining jurisdiction over enforcement thereof. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements).
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.
ORDER
IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). 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. The parties are ORDERED to comply with the terms of their Settlement Agreement.