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Yates v. Heller's for Children Inc.

United States District Court, N.D. California
Sep 14, 2005
CASE NO. C04-5211 PJH (N.D. Cal. Sep. 14, 2005)

Opinion

CASE NO. C04-5211 PJH.

September 14, 2005

THOMAS E. FRANKOVICH, JENNIFER L. STENEBERG, THOMAS E. FRANKOVICH, A Professional Law Corporation, San Francisco, CA Attorneys for Plaintiffs

CRAIG YATES, and DISABILITY RIGHTS, ENFORCEMENT, EDUCATION, SERVICES: HELPING YOU HELP OTHERS

THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION Jennifer L. Steneberg, Attorneys for Plaintiffs MARSHALL LOSKOT, and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES: HELPING YOU HELP OTHERS

LAW OFFICES OF KELLY LYNCH Kelly Lynch, Attorneys for Defendants HELLER'S FOR CHILDREN INC., a California corporation


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 Mutual Settlement Agreement and 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

Yates v. Heller's for Children Inc.

United States District Court, N.D. California
Sep 14, 2005
CASE NO. C04-5211 PJH (N.D. Cal. Sep. 14, 2005)
Case details for

Yates v. Heller's for Children Inc.

Case Details

Full title:CRAIG YATES, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION…

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

Date published: Sep 14, 2005

Citations

CASE NO. C04-5211 PJH (N.D. Cal. Sep. 14, 2005)