Morales v. Ea et al

Filing 8

STIPULATION For Dismissal Of Action; ORDER, signed by Judge Oliver W. Wanger on 6/9/2011. (Fahrney, E)

Download PDF
1 2 3 4 5 K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiffs John Morales 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MORALES, 12 Plaintiffs, 13 14 ) No: 1:11-CV-00392-OWW-SKO ) ) STIPULATION FOR DISMISSAL OF ) ACTION; ORDER ) ) ) ) ) ) ) ) ) vs. 15 JACKIE EA and THANY KAING dba MOM’S OL’ FASHION HAMBURGERS, 16 Defendants. 17 18 IT IS HEREBY STIPULATED by and between Plaintiff John Morales (“Plaintiff”) and 19 Defendants Jackie Ea and Thany Kaing dba Mom’s Ol’ Fashion Hamburgers (“Defendants”), 20 by and through their respective counsel, that pursuant to Federal Rule of Civil Procedure 21 41(a)(2), Defendants be dismissed with prejudice from this action. 22 IT IS FURTHER STIPULATED between Plaintiff and Defendants that this case has 23 been settled as between them and all issues and controversies have been resolved to their 24 mutual satisfaction. Plaintiff and Defendants request the Court to retain jurisdiction to enforce 25 the terms of their settlement agreement under the authority of Kokkonen v. Guardian Life Ins. 26 Co. of America, 511 U.S. 375, 381-82 (1994). 27 /// 28 /// Morales v. Ea, et al. Stipulation for Dismissal; Order Page 1 1 Date: June 9, 2011 MOORE LAW FIRM, P.C. 2 3 /s/ Tanya E. Moore Tanya E. Moore Attorney for Plaintiff John Morales 4 5 6 Date: June 9, 2011 CASWELL BELL & HILLISON LLP 7 /s/ Kimberly L. Mayhew Kimberly L. Mayhew, Attorneys for Defendants Jackie Ea and Thany Kaing dba Mom’s Ol’ Fashion Hamburgers 8 9 10 ORDER 11 12 The parties having so stipulated, 13 IT IS HEREBY ORDERED as follows: 14 1. Plaintiff John Morales and Defendants Jackie Ea and Thany Kaing dba Mom’s 15 Ol’ Fashion Hamburgers shall comply with the terms of the confidential Settlement Agreement 16 and Release in Full, the terms of which are incorporated herein by reference. 2. 17 By consent of Plaintiff John Morales and Defendants Jackie Ea and Thany Kaing 18 dba Mom’s Ol’ Fashion Hamburgers, the Court shall retain jurisdiction in this matter for the 19 purpose of enforcing the terms of the settlement agreement. 3. 20 Except as provided for in paragraphs 1 and 2 above, Defendants Jackie Ea and 21 Thany Kaing dba Mom’s Ol’ Fashion Hamburgers are dismissed with prejudice from this 22 action. 23 24 IT IS SO ORDERED. 25 26 27 Dated: June 9, 2011 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE DEAC_Signature-END: emm0d64h 28 Morales v. Ea, et al. Stipulation for Dismissal; Order Page 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?