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Loskot v. Sacramento Vagabond Inn Executive Oldtown LLC

Case No. CV04-1348 LKK

STIPULATION OF DISMISSAL AND ORDER THEREON

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;

YVONNE “BONNIE” WILLIAMS; and

DISABILITY RIGHTS ENFORCEMENT,

EDUCATION SERVICES:HELPING YOU

HELP OTHERS, a California public benefit

corporation,

Plaintiffs,

v.

SACRAMENTO VAGABOND INN

EXECUTIVE OLDTOWN LLC.,

Defendant. _______________________________

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CASE NO. CIV.S-04-1348 LKK

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, General Release of All Claims and Covenant Not to Sue (“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-01348-LKK -DAD Document 17 Filed 07/24/06 Page 1 of 3
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Loskot v. Sacramento Vagabond Inn Executive Oldtown LLC

Case No. CV04-1348 LKK

STIPULATION OF DISMISSAL AND ORDER THEREON 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: July 20, 2006 THOMAS E. FRANKOVICH,

A PROFESSIONAL LAW CORPORATION

By: /s/ Julia M. Adams 

Julia M. Adams

Attorneys for Plaintiffs MARSHALL LOSKOT,

YVONNE “BONNIE” WILLIAMS and

DISABILITY RIGHTS 

ENFORCEMENT, EDUCATION 

SERVICES: HELPING YOU 

HELP OTHERS

DATED: July 19, 2006 LEWIS, BRISBOIS, BISGAARD & SMITH 

LLP

By: /s/ Kristin Sato 

Kristin Sato 

Attorneys for Defendant SACRAMENTO

VAGABOND INN EXECUTIVE OLDTOWN LLC.

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Loskot v. Sacramento Vagabond Inn Executive Oldtown LLC

Case No. CV04-1348 LKK

STIPULATION OF DISMISSAL AND ORDER THEREON 3

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, General Release of All Claims and

Covenant Not to Sue should such enforcement be necessary.

Dated: July 24, 2006

 

Lawrence K. Karlton 

UNITED STATES DISTRICT JUDGE

Case 2:04-cv-01348-LKK -DAD Document 17 Filed 07/24/06 Page 3 of 3