STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON FOR DEFENDANTS FRANKIE'S BOHEMIAN CAFÉ; IRWIN J. COTTON and YVONNE H. COTTON, Trustees of the IRWIN J. COTTON and YVONNE H. COTTON REVOCABLE TRUST, created December 6, 2004; FRANTISEK PAZDERKA, an individual dba FRANKIE'S BOHEMIAN CAFÉ; and JULIE ANNE PAZDERKA, an individual dba FRANKIE'S BOHEMIAN CAFÉ

JON S. TIGAR, District Judge.

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)(2). 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 the above-captioned action become and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).

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

ORDER

IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(2). 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.