Filed: Aug. 09, 2013
Latest Update: Aug. 09, 2013
Summary: STIPULATION FOR CONDITIONAL VOLUNTARY DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER THEREON [F.R.C.P. Rule 41(a)(1)(A)(ii)] SUSAN ILLSTON, District Judge. STIPULATION IT IS HEREBY STIPULATED by the parties to this action, through their respective counsel, that pursuant to the parties' Settlement Agreement, this Court dismiss this action with prejudice, with all parties to bear their own costs and attorneys' fees, and retain jurisdiction over this matter to enforce the Settlement Agreement shoul
Summary: STIPULATION FOR CONDITIONAL VOLUNTARY DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER THEREON [F.R.C.P. Rule 41(a)(1)(A)(ii)] SUSAN ILLSTON, District Judge. STIPULATION IT IS HEREBY STIPULATED by the parties to this action, through their respective counsel, that pursuant to the parties' Settlement Agreement, this Court dismiss this action with prejudice, with all parties to bear their own costs and attorneys' fees, and retain jurisdiction over this matter to enforce the Settlement Agreement should..
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STIPULATION FOR CONDITIONAL VOLUNTARY DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER THEREON [F.R.C.P. Rule 41(a)(1)(A)(ii)]
SUSAN ILLSTON, District Judge.
STIPULATION
IT IS HEREBY STIPULATED by the parties to this action, through their respective counsel, that pursuant to the parties' Settlement Agreement, this Court dismiss this action with prejudice, with all parties to bear their own costs and attorneys' fees, and retain jurisdiction over this matter to enforce the Settlement Agreement should any action be required to enforce the Settlement Agreement after the dismissal is entered by the Court; however, in the event that any party hereto certifies to this Court, with proof of service of a copy thereon on opposing counsel, within one hundred twenty (120) days from the date of entry of the Court's order, that settlement has not in fact occurred, the dismissal shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings.
IT IS SO STIPULATED.
I, Kimberly A. Hancock, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the concurrence to the filing of this document has been obtained from each signatory hereto.
ORDER
Pursuant to the parties' Stipulation and Settlement Agreement and good cause appearing:
IT IS HEREBY ORDERED that this matter is dismissed with prejudice, the parties to bear their own costs and attorneys' fees.
IT IS FURTHER ORDERED that this Court shall expressly retain jurisdiction over this matter to enforce the Settlement Agreement should any action be required to enforce the Settlement Agreement after the dismissal with prejudice is entered by the Court. See generally Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 357, 381 (1994); Hagestad v. Tragesser, 49 F.3rd 1430, 1432 (9th Cir. 1995).
However, in the event that any party hereto certifies to this court, with proof of service of a copy thereon on opposing counsel, within one hundred twenty (120) days from the date of entry of this Order, that settlement has not in fact occurred, the dismissal shall be vacated and this cause shall forthwith be restored to the calendar for further proceedings.
IT IS SO ORDERED.
