STIPULATION OF DISMISSAL OF DEFENDANT PEOPLE'S CAFÉ INC., a California Corporation dba PEOPLE'S CAFÉ AND ORDER THEREON

CHARLES R. BREYER, District Judge.

The parties, by and through their respective counsel, stipulate to dismissal of defendant PEOPLE'S CAFÉ INC., a California Corporation dba PEOPLE'S CAFÉ 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 Defendant PEOPLE'S CAFÉ INC., a California Corporation dba PEOPLE'S CAFÉ 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 Defendant PEOPLE'S CAFÉ INC., a California Corporation dba PEOPLE'S CAFÉ 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