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FUTIA v. TRAN, 5:14-cv-05233-NC. (2015)

Court: District Court, N.D. California Number: infdco20150609604 Visitors: 10
Filed: Jun. 08, 2015
Latest Update: Jun. 08, 2015
Summary: STIPULATION OF DISMISSAL AND [PROPOSED] ORDER NATHANAEL COUSINS , Magistrate Judge . The parties hereby stipulate as follows: 1. The parties have reached a full and final settlement of all issues in this action and have executed a settlement agreement. Some parts of the agreement are to be performed in the future. 2. Although the parties are hereby dismissing this action with prejudice, they agree that this Court shall retain jurisdiction over this action and the parties hereto in order t
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

The parties hereby stipulate as follows:

1. The parties have reached a full and final settlement of all issues in this action and have executed a settlement agreement. Some parts of the agreement are to be performed in the future.

2. Although the parties are hereby dismissing this action with prejudice, they agree that this Court shall retain jurisdiction over this action and the parties hereto in order to be able to enforce the terms of the Settlement Agreement.

3. The parties request that this Court retain jurisdiction for 18 months from the date hereof in order to enforce the terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994) and General Order No. 56 at ¶ 7 (N.D. Cal.) (July 17, 2003) ("Should any settlement be conditioned upon future conduct such as remediation, the assigned judge will retain jurisdiction to enforce that component of the settlement.").

4. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(2), and that the Court retains jurisdiction to enforce the terms of the Settlement Agreement for 18 months after the date hereof.

[PROPOSED] ORDER

Pursuant to the parties' stipulation, the Court hereby dismisses the above-referenced action with prejudice and retains jurisdiction to enforce the terms of the parties' settlement agreement.

IT IS SO ORDERED.

Source:  Leagle

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