Old Dominion Freight Line, Inc. v. Sportsmen Steel Safe Fabricating Co.

Filing 28

ORDER DISMISSING CASE WITH PREJUDICE by Magistrate Judge Michael R. Wilner. IT IS HEREBY ORDERED that the Complaint for Damages filed by Plaintiff, OLD DOMINION FREIGHT LINE, INC. against Defendant, SPORTSMEN STEEL SAFE FABRICATING CO., and the Counterclaim filed by Defendant, SPORTSMEN STEEL FABRICATING CO. against Plaintiff, OLD DOMINION FREIGHT LINE, INC., be and hereby are dismissed in their entirety, with prejudice. re Stipulation to Dismiss Case 27 Case Terminated. Made JS-6. (vm)

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UNITED STATES DISTRICT COURT FOR THE

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CENTRAL DISTRICT OF CALIFORNIA

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OLD DOMINION FREIGHT LINE,
INC.

Case No.: 2:15-cv-01497 MRW
ORDER TO DISMISS WITH
PREJUDICE

Plaintiff,
v.

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SPORTSMEN STEEL SAFE
FABRICATING CO.,

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Defendant.
______________________________/

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AND RELATED COUNTERCLAIM.
______________________________/

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

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IT IS HEREBY ORDERED that the Complaint for Damages filed by Plaintiff,

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OLD DOMINION FREIGHT LINE, INC. against Defendant, SPORTSMEN STEEL

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SAFE FABRICATING CO., and the Counterclaim filed by Defendant, SPORTSMEN

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STEEL FABRICATING CO. against Plaintiff, OLD DOMINION FREIGHT LINE,

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INC., be and hereby are dismissed in their entirety, with prejudice.

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Dated: April 15, 2016

______________________________
JUDGE MICHAEL R. WILNER

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BROWN &
LIPINSKY LLP
ATTORNEYS AT LAW
5811 Pine Avenue, Suite A
Chino Hills, California 91709
[phone]

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[PROPOSED] ORDER TO DISMISS WITH PREJUDICE

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PROOF OF SERVICE
STATE OF CALIFORNIA

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) ss.
3 COUNTY OF SAN BERNARDINO )
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I am a resident of the State of California, County of San Bernardino. I am over
the age of eighteen years and not a party to the within action. My business address is
5 5811 Pine Avenue, Suite A, Chino Hills, California 91709.
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On April 14, 2016, I served on the interested parties in this action the within
document(s) entitled:
[PROPOSED] ORDER TO DISMISS WITH PREJUDICE
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(BY U.S. MAIL) I enclosed the documents in a sealed envelope or package
addressed to the person(s) at the addresses listed below and I deposited the
sealed envelope or package with the U.S. Postal Service, with the postage fully
prepaid.

[X]

(BY COURT’S CM/ECF SYSTEM) Pursuant to Local Rule, I electronically
filed the documents with the Clerk of the Court using the CM/ECF system,
which sent notification of that filing to the person(s) listed below.

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BY FAX: (C.C.P. § 1013(a), (e); CRC 2008) - by transmitting via electronic
facsimile the document(s) listed above to the fax number(s) set forth below on
this date before 5:00 p.m.; I also caused the fax machine to print such record(s)
of the transmission.

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BY OVERNIGHT MAIL (C.C.P. § 1013(c)) - By FEDERAL EXPRESS,
following ordinary business practices for collection and processing of
correspondence with said overnight mail service, and said envelope(s) will be
deposited with said overnight mail service on said date in the ordinary course
of business.

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BY PERSONAL SERVICE - I personally delivered such envelope to the
offices of the addressee.

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BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED - By placing
true copy(ies) thereof in sealed envelope(s) with Certified Mail, Return Receipt
Requested, postage thereon fully prepaid and by causing such envelope(s) to be
deposited in the mail at 5811 Pine Avenue, Suite A, Chino Hills, California
91709.

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BY ELECTRONIC SERVICE (C.C.P. § 1010.6(a)(6)) - the parties listed
below were served electronically with the document(s) listed above by emailed PDF files. The transmission was reported as complete and without
error. My electronic notification address is 5811 Pine Avenue, Suite A, Chino
Hills, California 91709. My e-mail address is [e-mail].

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BROWN &
LIPINSKY LLP
ATTORNEYS AT LAW
5811 Pine Avenue, Suite A
Chino Hills, California 91709
[phone]

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[PROPOSED] ORDER TO DISMISS WITH PREJUDICE

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Joseph N. Mirkovich, Esq.
Margaret E. Morrow, Esq.
Russell, Mirkovich & Morrow
One World Trade Center, Suite 1660
Long Beach, CA 90831-1660
[phone] / [phone] Fax
E-mails: [e-mail] and
[e-mail]

Attorneys for Defendant,
SPORTSMEN STEEL SAFE
FABRICATING CO.

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STATE: I declare under penalty of perjury, under the laws of the State of
California, that the above is true and correct.

[X]

FEDERAL: I declare that I am employed in the office of a member of the Bar
of this Court at whose direction this service was made.

I declare under penalty of perjury under the laws of the United States of
America that the above is true and correct.
Executed on April 14, 2016, at Chino Hills, California.

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_________________________________
MARY ELLEN SAMBRANO

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BROWN &
LIPINSKY LLP
ATTORNEYS AT LAW
5811 Pine Avenue, Suite A
Chino Hills, California 91709
[phone]

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[PROPOSED] ORDER TO DISMISS WITH PREJUDICE