Opinion
Case No.: 05 CV 2245 LAB (POR).
April 10, 2006
Amy B. Vandeveld, SBN 137904 LAW OFFICES OF AMY B. VANDEVELD San Diego, California, Attorney for JACK ROBERTSON.
DLA PIPER RUDNICK GRAY CARY TONYA M. CROSS, ESQ. Attorney for Defendant BLIND MELONS, INC.
STIPULATION OF DISMISSAL AND DISMISSAL; AND ORDER THEREON [F.R.Civ.P. Rule 41 (a) (1), (2)]
IT IS HEREBY STIPULATED by and between JACK ROBERTSON, Plaintiff, on the one hand, and BLIND MELONS, INC., Defendant, on the other hand, (hereinafter "the Parties") through their respective attorneys of record, that said Parties have agreed to resolve the case between them by way of settlement. Defendants SAEID SEDAGHAT and HADIEH PANAHI did not appear in this action.
The Parties further stipulate that Magistrate Judge Louisa S. Porter, or any other Magistrate Judge appointed by the Court, shall retain jurisdiction over all disputes between and among the Parties arising out of the Settlement Agreement including, but not limited to, interpretation and enforcement of the terms of the Settlement Agreement. The terms of the Settlement Agreement are hereby incorporated in this Stipulation.
The Parties further stipulate, pursuant to Federal Rules of Civil Procedure 41(a) (1,2), that this Court enter a dismissal of Plaintiff's Complaint in USDC Case No. 05 cv 2245 LAB (POR) in its entirety and with prejudice. The Parties further stipulate that each shall bear its, his or her own costs and fees with respect to any claims they may have against each other in the instant action, except as otherwise set forth in the Settlement Agreement.
IT IS SO STIPULATED.
ORDER ON STIPULATED DISMISSAL WITH PREJUDICE
IT IS HEREBY ORDERED, that Magistrate Judge Louisa S. Porter, or any other Magistrate Judge appointed by the Court, shall retain jurisdiction over all disputes between and among the parties arising out of the Settlement Agreement including, but not limited to, the interpretation and enforcement of the terms of the Settlement Agreement. The terms of the Settlement Agreement are hereby incorporated in this Order.It is further ordered that the Complaint in USDC Case No. 05 cv 2245 LAB (POR) is hereby dismissed in its entirety and with prejudice. The Parties shall each bear its, his or her own costs and fees, except as otherwise set forth in the Settlement Agreement, which is incorporated herein by reference.
IT IS SO ORDERED.