Filed: Jan. 07, 2016
Latest Update: Jan. 07, 2016
Summary: PLAINTIFF'S REQUEST FOR DISMISSAL; PROPOSED ORDER NATHANAEL M. COUSINS , Magistrate Judge . WHEREAS, on August 31, 2015, the parties entered into a settlement agreement to resolve disputes in the above-referenced case, a component of which was a stipulation to the Court for an Order of Permanent Injunction binding defendant; WHEREAS, on September 1, 2015, plaintiff filed notice with the Court of the parties having reached a conditional settlement; WHEREAS, on September 28, 2015, the Court
Summary: PLAINTIFF'S REQUEST FOR DISMISSAL; PROPOSED ORDER NATHANAEL M. COUSINS , Magistrate Judge . WHEREAS, on August 31, 2015, the parties entered into a settlement agreement to resolve disputes in the above-referenced case, a component of which was a stipulation to the Court for an Order of Permanent Injunction binding defendant; WHEREAS, on September 1, 2015, plaintiff filed notice with the Court of the parties having reached a conditional settlement; WHEREAS, on September 28, 2015, the Court ..
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PLAINTIFF'S REQUEST FOR DISMISSAL; PROPOSED ORDER
NATHANAEL M. COUSINS, Magistrate Judge.
WHEREAS, on August 31, 2015, the parties entered into a settlement agreement to resolve disputes in the above-referenced case, a component of which was a stipulation to the Court for an Order of Permanent Injunction binding defendant;
WHEREAS, on September 1, 2015, plaintiff filed notice with the Court of the parties having reached a conditional settlement;
WHEREAS, on September 28, 2015, the Court issued an order granting leave for plaintiff to file a first amended complaint, which plaintiff subsequently filed;
WHEREAS, on September 29, 2015, the Court granted the parties' amended stipulation for an Order of Permanent Injunction binding defendant;
WHEREAS, defendant has since complied with the conditions provided by the settlement agreement for plaintiff to seek dismissal of the above-referenced action;
THEREFORE, plaintiff respectfully requests that the above-captioned action should be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(2), with each party bearing its own attorneys' fees, expenses and costs except as provided by the parties' settlement agreement. Plaintiff further respectfully requests that, pursuant to the terms of the settlement agreement, the Court retain jurisdiction to hear any disputes regarding the interpretation and enforcement of the parties' settlement agreement, and regarding the interpretation and enforcement of the parties' Stipulation to and the Court's Order of Permanent Injunction.
[PROPOSED] ORDER
In accordance with the foregoing request, the Court hereby ORDERS:
(i) The action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(2);
(ii) Except as set forth in any agreement between them, each party shall bear its own attorneys' fees, expenses and costs; and
(iii) The Court shall retain jurisdiction to hear any disputes regarding the interpretation and enforcement of the parties' settlement agreement, and regarding the interpretation and enforcement of the parties' Stipulation to and the Court's Order of Permanent Injunction.
IT IS SO ORDERED.
