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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON YATES V. ICAFE

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

CRAIG YATES , an individual;

and DISABILITY RIGHTS ENFORCEMENT,

EDUCATION, SERVICES: 

HELPING YOU HELP OTHERS,

a California public benefit corporation,

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA

CRAIG YATES, an individual; and

DISABILITY RIGHTS, ENFORCEMENT,

EDUCATION, SERVICES:HELPING YOU

HELP OTHERS, a California public benefit

corporation,

Plaintiffs,

v.

I CAFÉ, TSO HIN FONG; and GEORGE K.

SHAMIEH and KATHRYN SHAMIEH

CO-TRUSTEES of THE FAMILY TRUST

DATED 01/15/1994, 

Defendants.

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CASE NO. CV-09-1448-MEJ

STIPULATION OF DISMISSAL AND

[PROPOSED] ORDER THEREON

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

Settlement Agreement and General Release (“Agreement”) herein, 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 Kokonen v. Guardian Life Ins. Co., 511 U.S.

375 (1994) (empowering the district courts to retain jurisdiction over enforcement of settlement

agreements).

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON YATES V. ICAFE

-2-

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).

This stipulation may be executed in counterparts, all of which together shall constitute one

original document.

Dated: February 12, 2010 THOMAS E. FRANKOVICH

A PROFESSIONAL LAW CORPORATION

By: /S/ 

Thomas E. Frankovich

Attorney for CRAIG YATES and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES:HELPING YOU HELP

OTHERS

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON YATES V. ICAFE

-3-

Dated: February 23, 2010 SHAMIYEH SHAMIEH

Attorneys At Law

By: /S/ 

Rami S. Shamieh

Attorneys for TSO HIN FONG; and GEORGE K.

SHAMIEH and KATHRYN SHAMIEH COTRUSTEES of THE FAMILY TRUST DATED

01/15/1994

ORDER

IT IS HEREBY ORDERED that this 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’ Settlement Agreement and General Release should such

enforcement be necessary.

Dated: _____________, 2010

 

Honorable Maria-Elena James 

Chief United State Magistrate Judge

The Clerk of Court shall close the file. March 1

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