Opinion
CASE NO. CV-10-0950-EDL (TEH)
10-04-2011
CRAIG YATES, an individual, Plaintiff, v. MCDONALD'S #1462; MCDONALD'S of HAWAII DEVELOPMENT COMPANY, a Hawaii Limited Partnership, Defendants.
THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION CRAIG YATES, an individual BURNHAM BROWN Brendan Brownfield Attorneys for MCDONALD'S #1462; MCDONALD'S of HAWAII DEVELOPMENT COMPANY, a Hawaii Limited Partnership
THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
CRAIG YATES, an individual
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") herein, 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.
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual
BURNHAM BROWN
Brendan Brownfield
Attorneys for MCDONALD'S #1462;
MCDONALD'S of HAWAII DEVELOPMENT
COMPANY, a Hawaii Limited Partnership
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.
Judge Thelton E. Henderson