Yates
v.
Jumbo Seafood Rest. Inc.

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASep 14, 2011
CASENO.CV-10-2652-JW (N.D. Cal. Sep. 14, 2011)

CASENO.CV-10-2652-JW

09-14-2011

CRAIG YATES, an individual, Plaintiff, v. JUMBO SEAFOOD RESTAURANT, INC., a California Corporation; and KIRK LEONG and MAY F. LEONG, Trustees of the TRUST OF KIRK AND MAY LEONG, dated December 16, 2006, Defendants.

THOMAS E. FRANKOVICH A PROFESSIONAL LAW CORPORATION Thomas E. Frankovich Attorney for CRAIG YATES* an individual BRIAN Y.K. CHING, ESQ. Brian Y.K. Ching, Esq Attorneys for JUMBO SEAFOOD RESTAURANT, INC., a California Corporation PHILLIPS SPALLAS & ANGSTSDT LLP William R. Carlson Attorneys for KIRK LEONG and MAY F. LEONG, Trustees of the TRUST OF KIRK AND MAY LEONG, dated December 16, 2006,


THOMAS II. FRANKOVICH (State Bar #074414)


THOMAS E. FRANKOVICH


A PROFESSIONAL LA W CORPORATION


Attorneys for Plaintiff


CRAIG YATES;


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)(l). 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 only the above-captioned action be and hereby is dismissed with prejudice

Judge James Ware pursuant to Federal Rules of Civil Procedure section 41(a)(1). This request for dismissal does not include the third parry complaint.

This stipulation may be executed in counterparts, all of which together shall constitute one original document.

THOMAS E. FRANKOVICH


A PROFESSIONAL LAW CORPORATION


By: Thomas E. Frankovich


Attorney for CRAIG YATES* an individual


BRIAN Y.K. CHING, ESQ.

By: Brian Y.K. Ching, Esq


Attorneys for JUMBO SEAFOOD RESTAURANT,


INC., a California Corporation


By: PHILLIPS SPALLAS & ANGSTSDT LLP


William R. Carlson


Attorneys for KIRK LEONG and MAY F. LEONG,


Trustees of the TRUST OF KIRK AND MAY LEONG, dated December 16, 2006,


ORDER

IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(aXl). 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.