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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

THOMAS E. FRANKOVICH (State Bar No. 074414)

JULIA M. ADAMS (State Bar No. 230795)

THOMAS E. FRANKOVICH,

A Professional Law Corporation

2806 Van Ness Avenue

San Francisco, CA 94109

Telephone: 415/674-8600

Facsimile: 415/674-9900

Attorneys for Plaintiffs

MARSHALL LOSKOT

and DISABILITY RIGHTS

ENFORCEMENT, EDUCATION 

SERVICES: HELPING YOU 

HELP OTHERS

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA 

MARSHALL LOSKOT, an

individual; and DISABILITY

RIGHTS ENFORCEMENT,

EDUCATION

SERVICES:HELPING YOU HELP

OTHERS, a California public benefit

corporation,

Plaintiffs,

v.

ASIAN BUFFET, INC., a California

corporation; and HOWARD LEE

FONG & YEE YING FONG, 

Defendants.

______________________________

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CASE NO. CIV.S-04-1719 DFL PAN

STIPULATION AND [PROPOSED]

ORDER OF DISMISSAL

The parties, by and through their attorneys of record, stipulate that terms

have been negotiated which fully and completely resolve plaintiffs’ claims

herein. These terms have been memorialized in a mutual settlement agreement

and release which is currently being circulated for final approval and signature. 

Therefore, the parties stipulate to dismissal of this action in its entirety with

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL -2-

prejudice pursuant to Fed.R.Civ.P.41(a)(1), unless within the next thirty days

either party notifies the Court that settlement hereof has not been consummated.

Outside of the terms of the parties’ settlement agreement and 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).

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

shall constitute one original document.

DATED: December 1, 2005 THOMAS E. FRANKOVICH,

A PROFESSIONAL LAW CORPORATION

By /s/ Julia M. Adams 

Julia M. Adams

Attorneys for Plaintiffs MARSHALL

LOSKOT and DISABILITY RIGHTS

ENFORCEMENT, EDUCATION 

SERVICES: HELPING YOU 

HELP OTHERS

Dated: December 1, 2005 STOEL RIVES, LLP

 

By: /s/ John A. McKinsey 

John A. McKinsey

Attorneys for Defendants HOWARD LEE FONG

& YEE YING FONG

ORDER

Having been notified of the parties’ settlement, IT IS HEREBY

ORDERED that the matter be dismissed with prejudice, each side to bear its own

costs and fees. However, should settlement not be fully consummated within

thirty (30) days of this Order, either party may seek to have the dismissal

rescinded and the matter reinstated to the Court’s trial calendar. IT IS

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL -3-

FURTHER ORDERED that the Court shall retain jurisdiction for the purpose of

enforcing the parties’ settlement agreement and release should such enforcement

be necessary.

Dated: 12/6/2005

 /s/ David F. Levi 

Hon. David F. Levi

Chief United States District Judge

Case 2:04-cv-01719-DFL-PAN Document 22 Filed 12/07/05 Page 3 of 3