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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON LES JANKEY v. ROCKIT ROOM

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

Attorneys for Plaintiffs LES JANKEY

and DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA

LES JANKEY, _an individual; and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES: HELPING

YOU HELP OTHERS, a California public

benefit corporation,

Plaintiffs,

v.

ROCKIT ROOM; MILLER-RAVETTI

CO., a California general partnership; MVT

ENTERTAINMENT, a California

corporation; URBAN LIFE, INC., a

California corporation,

Defendants. ___________________________________

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CASE NO. CV-09-0924-SI

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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Case 3:09-cv-00924-SI Document 15 Filed 03/22/10 Page 1 of 3
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON LES JANKEY v. ROCKIT ROOM

-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: March 11, 2010 THOMAS E. FRANKOVICH,

A PROFESSIONAL LAW CORPORATION

By: /S/__

Thomas E. Frankovich

Attorney for LES JANKEY, and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES: HELPING YOU

HELP OTHERS

Dated:March 17, 2010 NARDELL CHITSAZ & ALDEN LLP

By:__________/S/_________________

Houman Chitsaz

Attorneys for ROCKIT ROOM, MILLER

RAVETTI CO. and URBAN LIFE INC.’S

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON LES JANKEY v. ROCKIT ROOM

-3-

Dated: March 11, 2010 HUPPERT & HURABIELL

By:_________/S/__________________

John P. Hurabiell

Attorneys for MVT ENTERTAINMENT INC.

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 Judge Susan Illston

Case 3:09-cv-00924-SI Document 15 Filed 03/22/10 Page 3 of 3