MURPHY AUSTIN ADAMS SCHOENFELD LLP

ATTORNEYS AT LAW

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

KELLY L. BORELLI, SBN 161499 

BRIAN S. CRONE, SBN 191731 

MURPHY AUSTIN ADAMS SCHOENFELD LLP 

304 S Street (95814) 

Post Office Box 1319 

Sacramento, California 95812-1319 

Telephone: (916) 446-2300 

Facsimile: (916) 503-4000 

Email: kborelli@murphyaustin.com

Email: bcrone@murphyaustin.com

Attorneys for Defendant 

ISMAEL LOPEZ, individually and d/b/a 

CARNICERIA FAMILIA LOPEZ MARKET #3 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

SCOTT JOHNSON, 

Plaintiff, 

v. 

ISMAEL LOPEZ, et al., 

Defendants. 

Case No. CV 04-2641-MCE-DAD 

STIPULATION OF DISMISSAL; ORDER 

[FRCP 41(a)(2) 

Plaintiff Scott Johnson (in pro per) and defendant Ismael Lopez, individually and d/b/a 

Carniceria Familia Lopez Market #3 ("Lopez"), (hereinafter collectively, the “Settling Parties”) 

have reached a full and final settlement of all issues in this action between themselves. A 

Settlement Agreement between the Settling Parties has been fully executed. Plaintiff agrees and 

acknowledges that the settlement between the Settling Parties also fully resolves the matter 

between plaintiff and defendant Donald F. DeHaven, individually and as Trustee of the Donald F. 

DeHaven 1991 Trust, U/D/T dated March 5, 1991 ("DeHaven Trust"). Plaintiff agrees that he is 

releasing all claims against defendant DeHaven Trust and that defendant DeHaven Trust shall 

have no responsibility or obligation, by virtue of the Settlement Agreement or this Stipulation of 

Dismissal, to perform any remedial work at the property that is the subject matter of this action. 

Some parts of the Settlement Agreement are to be performed in the future. The Settling 

Parties shall comply with their Settlement Agreement. The Settling Parties request that the Court 

Case 2:04-cv-02641-MCE -DAD Document 23 Filed 11/29/05 Page 1 of 3
MURPHY AUSTIN ADAMS SCHOENFELD LLP

ATTORNEYS AT LAW

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

- 2 - 

retain jurisdiction over this matter for a period of two and one-half years in order to enforce the 

terms of the Settlement Agreement under the authority of Kokkonen v. Guardian Life Insurance 

Co. of America, 511 U.S. 375, 381-82 (1994). 

Although plaintiff Scott Johnson agrees to dismiss this action with prejudice against all 

defendants, both Settling Parties agree that the Court should retain jurisdiction over this matter 

and the Settling Parties in order to be able to enforce the terms of the Settlement Agreement. 

Accordingly, 

IT IS HEREBY STIPULATED by and between the parties to this action, through their 

designated counsel, that plaintiff’s action be dismissed with prejudice as and against all 

defendants pursuant to FRCP 41(a)(2) and that the Court retain jurisdiction over this matter with 

respect to enforcement of the terms of the Settlement Agreement for a period of two and one-half 

years from the date of the Court's order. 

 

Dated: November _17__, 2005 MURPHY AUSTIN ADAMS SCHOENFELD LLP 

By:/s/ Brian S. Crone 

KELLY L. BORELLI 

BRIAN S. CRONE 

Attorneys for Defendant 

ISMAEL LOPEZ, individually and d/b/a 

CARNICERIA FAMILIA LOPEZ MARKET #3 

Dated: November 18 , 2005 /s/ Scott N. Johnson__________________________

SCOTT N. JOHNSON 

Pro Se Plaintiff 

Dated: November 17 , 2005 /s/ Robert C. Lorbeer_________________________

ROBERT C. LORBEER 

Attorney for Defendant 

DONALD F. DeHAVEN, individually and as 

Trustee of the DONALD F. DeHAVEN 1991 

TRUST, U/D/T dated March 5, 1991 

Case 2:04-cv-02641-MCE -DAD Document 23 Filed 11/29/05 Page 2 of 3
MURPHY AUSTIN ADAMS SCHOENFELD LLP

ATTORNEYS AT LAW

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 

- 3 - 

Based on the foregoing stipulation, and for good cause appearing, 

IT IS HEREBY ORDERED: 

1. That the above-entitled action is hereby dismissed with prejudice against all 

defendants pursuant to FRCP 41(a)(2); and 

2. That the Court hereby retains jurisdiction over this matter with respect to 

enforcement of the terms of the Settlement Agreement for a period of 2 1⁄2 years from the date 

hereof. 

Dated: November 29, 2005 

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE 

Case 2:04-cv-02641-MCE -DAD Document 23 Filed 11/29/05 Page 3 of 3