Molski v. Robata Grill & Sake Bar

5:04-cv-04679 | N.D. Cal. | Oct 27, 2006

*E-filed 10/27/06* Case 5:04-cv-04679-HRL Document 43 Filed 10/27/06 Page 1 of 2

THOMAS E. FRANKOVICH (State Bar #074414) JENNIFER L. STENEBERG (State Bar #202985) THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 2806 Van Ness Avenue San Francisco, CA 94109 Telephone: Facsimile: 415/674-8600 415/674-9900 Attorneys for Plaintiffs JAREK MOLSKI and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAREK MOLSKI, an individual; and DISABILITY RIGHTS ENFORCEMENT, EDUCATION, SERVICES:HELPING YOU HELP OTHERS, a California public benefit corporation, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C04-4679 HRL STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON Plaintiffs, v. ROBATA GRILL & SAKE BAR; GRANDEZA INC., a California corporation,

Defendant. __________________________________ The parties, by and through their respective counsel, stipulate to dismissal of this action in its entirety with prejudice pursuant to Fed.R.Civ.P.41(a)(1). Outside of the terms of the Equitable Settlement Agreement and Release (“Agreement”), each party is to bear its own costs and attorneys’ fees. The parties further consent to and request that the Court retain jurisdiction over enforcement of the Agreement. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375" date_filed="1994-05-16" court="SCOTUS" case_name="Kokkonen v. Guardian Life Insurance Co. of America">511 U.S. 375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement agreements).

Therefore, IT IS HEREBY STIPULATED by and between parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed with prejudice pursuant to Federal Rules of Civil Procedure section 41(a)(1).

1 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON Case 5:04-cv-04679-HRL Document 43 Filed 10/27/06 Page 2 of 2 This stipulation may be executed in counterparts, all of which together shall constitute one original document. Dated: October 26, 2006 THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION

By: /s/ Jennifer L. Steneberg Jennifer L. Steneberg Attorney for Plaintiffs JAREK MOLSKI and DISABILITY RIGHTS ENFORCEMENT, EDUCATION SERVICES: HELPING YOU HELP OTHERS Dated: October 24, 2006 LAW OFFICES OF DORON OHEL October 27 By: /s/ Doron Ohel Doron Ohel Attorneys for Defendant GRANDEZA INC., dba ROBATA GRILL & SAKE BAR

ORDER

IT IS HEREBY ORDERED that matter is dismissed with prejudice pursuant to Fed.R.Civ.P.41(a)(1). IT IS FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of enforcing the parties’ Equitable Settlement Agreement and Release should such enforcement be necessary. Dated: _____________, 2006

Howard R. Lloyd UNITED STATES DISTRICT JUDGE 2

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON