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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

Loskot, et al. v. Northstate Recycling, et al. 1

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.

NORTHSTATE RECYCLING, a California

corporation; and RUSSELL R. SHORT and

DORTHA M. SHORT, as trustees of the

SHORT TRUST, 

Defendants.

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CASE NO. CIV.S-04-1670 LKK PAN

STIPULATION OF DISMISSAL AND

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”), 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).

Case 2:04-cv-01670-LKK -PAN Document 20 Filed 05/25/05 Page 1 of 2
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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON

Loskot, et al. v. Northstate Recycling, et al. 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: May 20, 2005 THOMAS E. FRANKOVICH

A PROFESSIONAL LAW CORPORATION

By: /s/ 

Julia M. Adams

Attorneys for Plaintiffs

MARSHALL LOSKOT and DISABILITY RIGHTS

ENFORCEMENT, EDUCATION, SERVICES:

HELPING YOU HELP OTHERS

DATED: May 17, 2005 WELLS, SMALL & SELKE

 By: /s/ 

 Frederick James Weil 

Attorney for Defendants NORTHSTATE

RECYCLING, INC., RUSSELL R. SHORT and

DORTHA M. SHORT, as trustees of the SHORT

TRUST 

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’ Settlement Agreement and General Release should such

enforcement be necessary.

Dated: May 25, 2005

/s/Lawrence K. Karlton 

Hon. Lawrence K. Karlton

UNITED STATES DISTRICT JUDGE

Case 2:04-cv-01670-LKK -PAN Document 20 Filed 05/25/05 Page 2 of 2