JEFFREY S. WHITE, District Judge.
Plaintiff CAROLYN MARTIN and Defendant KOHL'S DEPARTMENT STORES, INC., by and through their attorneys of record, enter into this "STIPULATION AND ORDER FOR DISMISSAL OF THE DAMAGES AND ATTORNEY'S FEES, LITIGATION EXPENSES, AND COSTS ASPECT, AND ALL OTHER REMAINING ASPECTS, OF THE LAWSUIT AGAINST DEFENDANT KOHL'S DEPARTMENT STORES, INC." pursuant to Federal Rule of Civil Procedure section 41.
Plaintiff filed this lawsuit on November 16, 2010.
Plaintiff and Defendant hereto have entered into a "Mutual Release And Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs" which settles the damages and attorney's fees, litigation expenses, and costs aspect, and all other remaining aspects, of the lawsuit against Defendant KOHL'S DEPARTMENT STORES, INC. A copy of the "Mutual Release And Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs" is incorporated by reference herein as if set forth in full. The Mutual Release And Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs" states in part that "The court shall retain jurisdiction to enforce this Settlement Agreement...". Plaintiff and Defendant hereto stipulate to the court retaining jurisdiction to enforce the "Mutual Release And Settlement Agreement For Damages And Attorney's Fees, Litigation Expenses, And Costs."
Plaintiff moves to dismiss with prejudice the damages and attorney's fees, litigation expenses, and costs aspect, and all other remaining aspects, of the lawsuit against Defendant KOHL'S DEPARTMENT STORES, INC.
Defendant KOHL'S DEPARTMENT STORES, INC., who has answered the complaint, agrees to the dismissal with prejudice of the damages and attorney's fees, litigation expenses, and costs aspect, and all other remaining aspects, of the lawsuit as to it.
This case is not a class action, and no receiver has been appointed.
This Stipulation and Order may be signed in counterparts, and facsimile or electronically transmitted signatures shall be as valid and as binding as original signatures.
Wherefore, Plaintiff CAROLYN MARTIN and Defendant KOHL'S DEPARTMENT STORES, INC, by and through their attorneys of record, so stipulate.
PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED:
The damages and attorney's fees, litigation expenses, and costs aspect, and all other remaining aspects, of the lawsuit as against Defendant KOHL'S DEPARTMENT STORES, INC. is dismissed with prejudice. The Court shall retain jurisdiction to enforce the "Mutual Release And Settlement For Damages And Attorney's Fees, Litigation Expenses, And Costs" between Plaintiff and Defendant KOHL'S DEPARTMENT STORES, INC.