Heatherly et al v. O'donnell Enterprises, Inc. et al

Northern District of California, cand-4:2014-cv-02473

STIPULATION AND ORDER OF DISMISSAL re {{13}} STIPULATION WITH PROPOSED ORDER FOR DISMISSAL filed by Irma Ramirez, Daren Heatherly. Signed by Magistrate Judge Kandis A. Westmore on 11/12/14.

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1 THOMAS E. FRANKOVICH (State Bar #074414) THOMAS E. FRANKOVICH 2 A PROFESSIONAL LAW CORPORATION 4328 Redwood Hwy, Suite 300 3 San Rafael, CA 94903 Telephone: 415/674-8600 4 Facsimile: 415/674-9900 tfrankovich@disabilitieslaw.com 5 Attorney For Plaintiffs, 6 DAREN HEATHERLY and IRMA RAMIREZ 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF CALIFORNIA 10 11 DAREN HEATHERLY and) CASE NO. 4:14-cv-02473-KAW IRMA RAMIREZ) 12)) 13 Plaintiffs,) STIPULATION OF DISMISSAL) AND [PROPOSED] ORDER 14 v.) THEREON) 15) O'DONNELL'S FAIRFAX NURSERY;) 16 LINDSAY PAUL O'DONNELL; and) O'DONNELL ENTERPRISES, INC., a) 17 California Corporation dba) O'DONNELL'S FAIRFAX NURSERY) 18) Defendants.) 19) ______________________________) 20 21 The parties, by and through their respective counsel, stipulate to dismissal of this action 22 in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the 23 Settlement Agreement and General Release ("Agreement") herein, each party is to bear its own 24 costs and attorneys' fees. The parties further consent to and request that the Court retain 25 jurisdiction over enforcement of the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 26 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of 27 settlement agreements). 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CASE NO.4:14-cv-02473-KAW 1 Therefore, IT IS HEREBY STIPULATED by and between parties to this action 2 through their designated counsel that the above-captioned action become and hereby is 3 dismissed with prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2). 4 This stipulation may be executed in counterparts, all of which together shall constitute 5 one original document. 6 7 Dated: November 10, 2014 THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION 8 9 By: /s/ Thomas E. Frankovich 10 Thomas E. Frankovich Attorney For Plaintiffs, DAREN HEATHERLY 11 and IRMA RAMIREZ 12 13 Dated: November 10, 2014 ALLMAN & NIELSEN PC 14 Approval given 11/10/14 15 By: /s/ Sara B. Allman 16 Sara B. Allman Attorney for Defendants LINDSAY PAUL 17 O'DONNELL; and O'DONNELL ENTERPRISES, INC., a California Corporation dba O'DONNELL'S 18 FAIRFAX NURSERY 19 20 ORDER 21 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 22 Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for 23 the purpose of enforcing the parties' Settlement Agreement and General Release should such 24 enforcement be necessary 11/12 25 Dated: _____________, 2014 26 27 Honorable Magistrate Kandis A. Westmore UNITED STATES DISTRICT JUDGE 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON CASE NO.4:14-cv-02473-KAW -2-