UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
STIPULATION OF DISMISSAL WITH PREJUDICE
Plaintiffs Marguerite D. Fonseca, an individual; Flor de Luna Publishing, LLC, a California limited liability company; and Mariposa Sound Recordings, LLC, a California limited liability company (collectively, "Plaintiffs"), and Defendant Crescendo Digital Media, Inc., a Delaware corporation ("Defendant") (Plaintiffs and Defendant are referred to collectively herein as the "Parties"), acting by and through their respective undersigned counsel of record, hereby stipulate and agree, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), to the dismissal of the above-captioned action (the "Action") on the following terms and conditions:
1. Dismissal of All Claims With Prejudice. All claims, causes of action, and demands of any kind asserted by Plaintiffs against Defendant in this Action, including all claims set forth in Plaintiffs' Complaint filed on April 17, 2023, are hereby dismissed with prejudice. All counterclaims and affirmative defenses asserted by Defendant against Plaintiffs in this Action are likewise hereby dismissed with prejudice. Each Party shall bear its own attorneys' fees, costs, and expenses incurred in connection with this Action, except as otherwise provided in the Settlement Agreement and Mutual Release executed by the Parties on August 14, 2023 (the "Settlement Agreement"), the terms of which are incorporated herein by reference.
2. Retention of Jurisdiction. The Parties respectfully request that the Court retain jurisdiction over this Action solely for the limited purpose of enforcing the terms and conditions of the Settlement Agreement. In accordance with Kokkonen v. Ridgeline Mutual Insurance, 511 U.S. 375, 381–82 (1994), the Parties expressly request that the Court incorporate the Settlement Agreement's terms by reference into this Stipulation and any order entered hereon, so as to provide an independent basis for the Court's exercise of enforcement jurisdiction over any disputes arising from or relating to the Settlement Agreement.
3. Consent of All Parties. This Stipulation is filed with the written consent of all Parties who have appeared in this Action. No other party has appeared or been served in this Action, and accordingly no additional consent is required under Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
DATED: August 14, 2023
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo (SBN 198742) 777 South Figueroa Street, 34th Floor Los Angeles, California 90017 Telephone: (213) 555-7400
Email: a.ngo@calderwoodharkness.com
Attorneys for Plaintiffs Marguerite D. Fonseca, Flor de Luna Publishing, LLC, and Mariposa Sound Recordings, LLC
HARGROVE, PENNINGTON & CAO LLP
By: ________
Denise K. Whitford (SBN 247893) 401 Congress Avenue, Suite 2800 Austin, TX 78701 Telephone: (512) 555-3200
Email: d.whitford@hpclaw.com
Attorneys for Defendant Crescendo Digital Media, Inc.
ORDER
The Court, having reviewed the foregoing Stipulation of Dismissal With Prejudice filed by the Parties, and good cause appearing therefor,
IT IS SO ORDERED.
The above-captioned action is hereby dismissed with prejudice in its entirety, with each Party to bear its own attorneys' fees and costs except as otherwise provided in the Settlement Agreement referenced herein. The Court shall retain jurisdiction over this matter for the limited purpose of enforcing the terms of the Settlement Agreement, which is incorporated by reference into this Order.
DATED: _______
________________________________________
HON. R. GARY KLAUSNER United States District Judge
| MARGUERITE D. FONSECA, an individual; FLOR DE LUNA PUBLISHING, LLC, a California limited liability company; and MARIPOSA SOUND RECORDINGS, LLC, a California limited liability company, | Case No. 2:23-cv-02841-RGK-PLA |
| Plaintiffs, | STIPULATION OF DISMISSAL WITH PREJUDICE |
| v. | [Filed pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii)] |
CRESCENDO DIGITAL MEDIA, INC., a Delaware corporation,
Defendant.