Ramirez et al v. Ganesha Restaurant et al

Northern District of California, cand-4:2015-cv-02282

STIPULATION AND ORDER OF DISMISSAL re {{24}} STIPULATION WITH PROPOSED ORDER of Dismissal with Prejudice filed by Daren Heatherly, Irma Ramirez, Jenny Chang, George Chang, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 8/30/16.

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1 THOMAS E. FRANKOVICH (State Bar No. 074414) THOMAS E. FRANKOVICH, 2 A PROFESSIONAL LAW CORPORATION 3 1832-A Capitol Street Vallejo, CA 94590 4 Telephone: (415) 444-5800 Facsimile: (415) 674-9900 5 Email: tfrankovich@disabilitieslaw.com 6 Attorney for Plaintiffs IRMA RAMIREZ 7 and DAREN HEATHERLY 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 IRMA RAMIREZ; and DAREN) Case No. 4:15-cv-02282-KAW 13 HEATHERLY,)) STIPULATION OF DISMISSAL AND 14) [PROPOSED] ORDER THEREON 15 Plaintiffs,)) 16 v.)) 17 GANESHA RESTAURANT, et al.,) 18) Defendants.) 19) 20 The Parties, by and through their respective counsel, stipulate to the dismissal of this 21 22 action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). 23 IT IS HEREBY STIPULATED by and between the parties to this action through their 24 designated counsel that the above-captioned action may be, and hereby is, dismissed with 25 prejudice and that each side is to bear its own costs and attorneys' fees. 26 // 27 // 28 // STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 1 The parties further consent to and request that the Court retain jurisdiction over 2 enforcement of the Agreement. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 3 375, 381-82 (1994) (empowering the district courts to retain jurisdiction over enforcement of 4 settlement agreements). 5 Respectfully Submitted, 6 Dated: August 16, 2016 THOMAS E. FRANKOVICH, APLC 7 A PROFESSIONAL LAW CORPORATION 8 By: /s/ Thomas E. Frankovich 9 Thomas E. Frankovich Attorney for Plaintiffs 10 11 Dated: August 16, 2016 LAW OFFICES OF MICHAEL HEATH 12 13 By: /s/ Michael Heath Michael Heath 14 Attorney for Defendants GEORGE CHANG and JENNY CHANG 15 16 [PROPOSED] ORDER 17 IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to 18 Fed.R.Civ.P.41(a)(2) and that each side is to bear its own costs and attorneys' fees. IT IS 19 FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing 20 the parties' Settlement Agreement and General Release should such enforcement become 21 22 necessary. 23 Dated: 8/30, 2016 24 Hon. Kandis A. Westmore 25 UNITED STATES MAGISTRATE JUDGE 26 27 28 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER