Case No.: 1:05-cv-1179, State Case No.:S-1500-CV 255822 SPC.United States District Court, E.D. California.
September 29, 2005
GIOVANNIELLO MICHELS, LLP, Alexander F. Giovanniello, B. Eric Nelson, Diamond Bar, California, Attorneys for Defendant: KINDRED NURSING CENTERS WEST, LLC dba CALIFORNIAN CARE CENTER (Erroneously sued and served as two separate entities).
Craig A. Edmonston, Esq., Shirley Newman, Attorney for Plaintiff.
Timothy J. Lemucchi, Esq., Shirley Newman, Attorney for Plaintiff.
REQUEST FOR DISMISSAL AND ORDER TO MAINTAIN JURISDICTION SOLELY FOR PURPOSES OF ENFORCING TERMS OF ARBITRATION AGREEMENT
OLIVER WANGER, District Judge
TO THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA: The parties have mutually agreed to submit the matter to binding arbitration pursuant to written agreement, and therefore, give their fully
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informed consent, and hereby request, the Court to dismiss theabove entitled action, without prejudice.
Notwithstanding such dismissal, the parties consent to, and hereby request that the Court expressly retain jurisdiction over the parties for the sole purpose of enforcing the terms of the arbitration award pursuant to paragraph Q of the Arbitration Agreement (attached hereto as Exhibit A) should any arguable issue arise.
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ORDER
The Court having reviewed the above and finding good cause shown, enters a dismissal with prejudice of the above matter, Case No. 1:05-cv-1179, State Court Case No. S-1500-CV 255822 SPC as consented to and requested by the parties on this ___ 29th ___ day, in the month of September, 2005; and notwithstanding such dismissal the Court expressly retains jurisdiction over the parties for the sole purpose of enforcing the arbitration award.
IT IS SO ORDERED.
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