STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER

DONNA M. RYU, Magistrate Judge.

STIPULATION

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, plaintiff JOHN RODGERS ("Plaintiff") and defendants DANA PLAZA SHOPPING CENTER, ALESCO II LLC, JOHN J. McPHEE, and LAURA M. McPHEE ( "Defendants"), by and through their respective attorneys of record, stipulate that:

1. This case has been settled and all issues and controversies between the parties have been resolved to their mutual satisfaction pursuant to the terms of a Settlement Agreement and General Release ("Settlement Agreement") entered into between the parties;

2. Plaintiff's Complaint in the above-entitled action shall be dismissed with prejudice as against all Defendants;

3. The parties consent to and request that the Court retain jurisdiction to enforce the Settlement Agreement for a period of 18 months after the date hereof, under the authority of Kokonen v. Guardian Life Ins. Co., 511·U.S. 375, 381-82 (1994); and

4. Outside the terms of the Settlement Agreement, all parties shall bear his, her, or its own costs and fees in the action.

IT IS SO STIPULATED.

ORDER

The parties having so stipulated,

IT IS HEREBY ORDERED that:

1. Plaintiff's Complaint in the above-entitled action shall be dismissed with prejudice as against all Defendants;

2. By consent of the parties, the Court shall retain jurisdiction in this matter for the purpose of enforcing the terms of the Settlement Agreement for a period of 18 months from the date hereof; and

3. All parties shall bear his, her, or its own costs and fees in the action.