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Molski v. Morgan Hill 76

United States District Court, N.D. California
Oct 12, 2005
Case No. C 04-1945 JW (N.D. Cal. Oct. 12, 2005)

Opinion

Case No. C 04-1945 JW.

October 12, 2005

THOMAS E. FRANKOVICH (State Bar #074414), JESSICA A. DAYTON (State Bar #231698), THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.

STEPHEN THOMAS ERB, Attorney for Defendants TOSCO CORPORATION, and SATNAM PETROLEUM INC.


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"), 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.

IT IS SO STIPULATED.

ORDER

IT IS HEREBY ORDERED that 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.


Summaries of

Molski v. Morgan Hill 76

United States District Court, N.D. California
Oct 12, 2005
Case No. C 04-1945 JW (N.D. Cal. Oct. 12, 2005)
Case details for

Molski v. Morgan Hill 76

Case Details

Full title:JAREK MOLSKI, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION…

Court:United States District Court, N.D. California

Date published: Oct 12, 2005

Citations

Case No. C 04-1945 JW (N.D. Cal. Oct. 12, 2005)