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AFT Local 2121 v. Accrediting Commission for Community and Junior Colleges, 4:16-cv-03411-HSG. (2017)

Court: District Court, N.D. California Number: infdco20170809862 Visitors: 2
Filed: Aug. 08, 2017
Latest Update: Aug. 08, 2017
Summary: STIPULATION FOR DISMISSAL OF PLAINTIFFS' CLAIMS AGAINST ACCJC PURSUANT TO SETTLEMENT AGREEMENT; ORDER HAYWOOD S. GILLIAM, Jr. , District Judge . STIPULATION FOR DISMISSAL Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiffs California Federation of Teachers; AFT Local 2121; Palomar Faculty Federation/AFT Local 6161; San-Jose Evergreen Federation of Teachers/AFT Local 6157; Mendocino Federation of Teachers/AFT Local 6322; Tim Killikelly; Alisa Messer; Shannon Lienhart; Karen Saginor; and August
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STIPULATION FOR DISMISSAL OF PLAINTIFFS' CLAIMS AGAINST ACCJC PURSUANT TO SETTLEMENT AGREEMENT; ORDER

STIPULATION FOR DISMISSAL

Pursuant to Fed. R. Civ. P. 41(a)(2), Plaintiffs California Federation of Teachers; AFT Local 2121; Palomar Faculty Federation/AFT Local 6161; San-Jose Evergreen Federation of Teachers/AFT Local 6157; Mendocino Federation of Teachers/AFT Local 6322; Tim Killikelly; Alisa Messer; Shannon Lienhart; Karen Saginor; and Augusta Goldstein (collectively "Plaintiffs"); and Defendant Accrediting Commission for Community & Junior Colleges ("ACCJC") hereby stipulate to the dismissal, with Court approval, of Plaintiffs' claims in this action against ACCJC as follows.

1. Plaintiffs and ACCJC have entered into a Settlement Agreement of Plaintiffs' claims in this action against ACCJC. The Settlement Agreement is attached hereto as Exhibit 1 and is incorporated by reference into this Stipulation in its entirety.

2. Upon approval by the Court of this Stipulation, Plaintiffs' claims in this action against ACCJC shall be dismissed with prejudice.

3. Notwithstanding the dismissal of Plaintiffs' claims against ACCJC in this action, Plaintiffs and ACCJC have agreed and requested that this Court retain jurisdiction for purposes of enforcing the Settlement Agreement in accordance with its terms. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994); O'Connor v. Colvin, 70 F.3d 530, 532 (9th Cir. 1995).

4. Pursuant to the Settlement Agreement, the Parties to this Stipulation shall bear their own attorneys' fees and costs as against each other.

5. This Stipulation shall have no effect on Plaintiffs' claims against any other party to this action that is not a party to this Settlement, including but not limited to any claims for recovery of attorneys' fees and costs.

ATTESTATION

I hereby certify that the content of this document is acceptable to all signatories and that I have obtained their authorization to affix their respective electronic signatures to this document.

ORDER

This judgment of dismissal of Plaintiffs' claims against Defendant Accrediting Commission for Community & Junior Colleges ("ACCJC") is entered pursuant to the terms of the Settlement Agreement, which is incorporated herein as though fully set forth, and attached as Exhibit 1 to this Order. The Court orders the parties to the Settlement Agreement to perform all of their obligations thereunder. The Court retains exclusive and continuing jurisdiction over this case, the Plaintiffs, and Defendant ACCJC for purposes of enforcing the Settlement Agreement in accordance with its terms. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381 (1994); O'Connor v. Colvin, 70 F.3d 530, 532 (9th Cir. 1995).

Plaintiffs' claims against Defendant ACCJC in this action are hereby dismissed with prejudice. Pursuant to the Settlement Agreement, Plaintiffs and ACCJC shall bear their own attorneys' fees and costs in this action as against each other.

This judgment of dismissal shall have no effect on Plaintiffs' claims against any other Defendant in this action, including but not limited to any claim for recovery of attorneys' fees and costs.

IT IS SO ORDERED.

Source:  Leagle

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