Yates v. Home Plate Cafe et al
Filing
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STIPULATION AND ORDER OF DISMISSAL re 30 STIPULATION WITH PROPOSED ORDER STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON filed by Craig Yates. Signed by Judge Edward M. Chen on 8/28/12. (bpf, COURT STAFF) (Filed on 8/28/2012)
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THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900
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Attorney For CRAIG YATES, an individual,
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CRAIG YATES, an individual,
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Plaintiff,
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v.
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HOME PLATE CAFÉ; NICHOLAS W.
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JOHNSON and TERRI PIPER-JOHNSON, )
CO-TRUSTEES of the NICK JOHNSON )
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and TERRI PIPER-JOHNSON, 2005
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TRUST, UAD OCTOBER 17, 2005;
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REBECCA FISHER STORY and
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WALLACE L. AMUNDSON, TRUSTEES )
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of the REBECCA C. FISHER TRUST
dated OCTOBER 17, 2005; MATTHEW )
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HOWELL; JAMES AGAPOFF JR.;
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MARY PEGEEN CARDOZA, an
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individual dba HOME PLATE CAFÉ and )
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OLIVER DYER-BENNETT,
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Defendants.
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___________________________________ )
CASE NO. CV-11-1371-EMC
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER THEREON
The parties, by and through their respective counsel, stipulate to dismissal of this action
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in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(2). Outside of the terms of the
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Settlement Agreement and General Release (“Agreement”) herein, each party is to bear its own
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costs and attorneys’ fees.
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. CV-11-1371-EM C
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The parties further consent to and request that the Court retain jurisdiction over enforcement of
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the Agreement. See Kokonen v. Guardian Life Ins. Co., 511 U.S. 375 (1994) (empowering the
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district courts to retain jurisdiction over enforcement of settlement agreements).
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Therefore, IT IS HEREBY STIPULATED by and between parties to this action through
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their designated counsel that the above-captioned action become and hereby is dismissed with
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prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2).
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This stipulation may be executed in counterparts, all of which together shall constitute
one original document.
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Dated: August 23, 2012
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
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By: /s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for DAREN HEATHERLY and IRMA
RAMIREZ, each an individual
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Dated: August 23, 2012
VAUGHAN & ASSOCIATES
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By: /s/ Cris C. Vaughan
Cris C. Vaughan
Attorney for Defendants NICHOLAS W.
JOHNSON and TERRI PIPER-JOHNSON, COTRUSTEES of the NICK JOHNSON and TERRI
PIPER-JOHNSON, 2005 TRUST, UAD
OCTOBER 17, 2005; REBECCA FISHER STORY
and WALLACE L. AMUNDSON, TRUSTEES of
the REBECCA C. FISHER TRUST dated
OCTOBER 17, 2005; MATTHEW HOWELL;
JAMES AGAPOFF JR.
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. CV-11-1371-EM C
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Dated: August 23, 2012
Provencher & Flatt LLP
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By: /s/ Gail F. Flatt
Gail F. Flatt
Attorney for Defendants MARY PEGEEN
CARDOZA, an individual dba HOME PLATE
CAFÉ and OLIVER DYER-BENNETT,
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ORDER
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ER
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RT
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UNITED STATES DISTRICT COURT
en
d M. Ch
e Edwar
Judg
NO
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R NIA
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DERED
SO OR ED
IT IS
Honorable MagistrateIJudge Edward M. Chen
D FI
AS MO
FO
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8/28
Dated: _____________, 2012
S DISTRICT
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TA
RT
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O
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enforcement be necessary
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purpose of enforcing the parties’ Settlement Agreement and General Release should such
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A
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Fed.R.Civ.P.41(a)(2). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the
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IT IS HEREBY ORDERED that this matter is dismissed with prejudice pursuant to
UNIT
ED
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N
D IS T IC T
R
OF
C
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. CV-11-1371-EM C
-3-
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