Free Order Dismissing Case - District Court of Arizona - Arizona

l
2
3
4
5
6
7
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE DISTRICT OF ARIZONA
10 Bank of the West Cause No. CIV’ O3-235-PHX-ROS
] 1 I Cause N0. CIV’ O4-0688-PHX-ROS
Plaintiff,
12 (Consolidated)
13 VS. ORDER GRANTING JOINT
Estate of John Leo, et al., MOTION TO DISMISS SUBJECT TO
14 RETAINED JURISDICTION TO
Defendant. ENFORCE SETTLEMENT
I5 (Assi ned to the Honorable Roslyn O.
16 SllV€I%
17
18 This matter having come before the Court by way of the parties' Joint Motion for
19 Dismissal Subject to Retained Jurisdiction to Enforce Settlement, and it appearing that the
20 parties have mutually consented to the terms and conditions of this order as part of a
21 separately—executed settlement agreement, and good cause appearing,
22 IT IS HEREBY ORDERED that this matter is dismissed subject to the court's
23 retained jurisdiction to enforce the terms of the parties' settlement agreement, the terms of
24 which are incorporated by reference.
25 IT IS FURTHER ORDERED that if Apponaug fails to meet its obligations under
26 the settlement agreement, Apponaug shall be deemed to be in default. In that event, Bank
Case 2:04-cv-00688-ROS Document 48 Filed O1/20/2006 Page 1 of 2

1 ofthe West may, without notice, reopen this case and immediately obtain and execute upon
2 a Stipulated Judgment against Apponaug for the obligations then due under Settlement
3 Agreement plus interest at the rate of eight percent (8%) until the Stipulated Judgment is
4 satisfied, together with Bank ofthe West's reasonable att0mey's fees incurred in enforcing
5 the Stipulated Judgment.
6 Dated: _
7 I ic %) g ·
8 .
os O. Silver
9 United States District Judge
10
1 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
-2-
Case 2:04-cv-00688-ROS Document 48 Filed O1/20/2006 Page 2 of 2

Case 2:04-cv-00688-ROS

Document 48

Filed 01/20/2006

Page 1 of 2

Case 2:04-cv-00688-ROS

Document 48

Filed 01/20/2006

Page 2 of 2