Flagship West LLC, et al v. Excel Realty Partner, et al

Filing 603

Stipulation for Voluntary Dismissal pursuant to Federal Rules of Civil Procedure, Rule 41(a)(A)(ii); ORDER signed by District Judge Lawrence J. O'Neill on 9/19/13. CASE CLOSED. (Verduzco, M)

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TRAINOR FAIRBROOK
JOHN D. FAIRBROOK (SBN 105115)
980 Fulton Avenue
Sacramento, California 95825
Telephone: [phone]
Facsimile: [phone]
[e-mail]
jms:3807.004.1137645.1

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Attorneys for Plaintiffs
FLAGSHIP WEST, LLC, MARVIN G. REICHE
and KATHLEEN REICHE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA (FRESNO)

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At t orneys At Law

980 Fulton Avenue
SACRAMENTO, CALIFO RNIA 95825
Telephone: [phone]
Facsimile: (916) 929 -7111

TRAINOR FAIRBROOK

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FLAGSHIP WEST, LLC, a California
limited liability company, MARVIN G.
REICHE, and KATHLEEN REICHE,

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Plaintiffs,

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STIPULATION FOR VOLUNTARY
DISMISSAL PURSUANT TO FEDERAL
RULES OF CIVIL PROCEDURE, RULE
41(a)(A)(ii)

v.

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Case No.: 1:02-CV-05200-LJO-DLB

EXCEL REALTY PARTNERS, L.P., a
Delaware limited partnership, NEW
PLAN EXCEL REALTY TRUST, INC.,
a Maryland corporation, and DOES 1
through 50, inclusive,

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Defendants.

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STIPULATION FOR VOLUNTARY DISMISSAL PURSUANT TO FEDERAL
RULES OF CIVIL PROCEDURE, RULE 41(a)(A)(ii)

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It is hereby stipulated by and between FLAGSHIP WEST LLC and MARVIN G.

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REICHE and KATHLEEN REICHE (collectively “PLAINTIFFS”) and EXCEL REALTY

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PARTNERS LP and BRIXMOR LLC, as successor in interest to NEW PLAN EXCEL

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REALTY TRUST, INC. (collectively “DEFENDANTS”), that the Second Amended Complaint

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filed by Plaintiffs and all claims asserted therein, be DISMISSED WITH PREJUDICE.

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IT IS SO STIPULATED:
Dated: September 11, 2013

TRAINOR FAIRBROOK

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By: /s/ John D. Fairbrook
JOHN D. FAIRBROOK, Attorneys for
Plaintiffs

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At t orneys At Law

980 Fulton Avenue
SACRAMENTO, CALIFO RNIA 95825
Telephone: [phone]
Facsimile: (916) 929 -7111

TRAINOR FAIRBROOK

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Dated: September 19, 2013

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/s/ Christopher N. Jones
CHRISTOPHER N. JONES, Attorney for
Defendants

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ORDER

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Based on the stipulation of the parties pursuant to Federal Rule of Civil Procedure, Rule

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41(a)(A)(ii), Plaintiffs' Second Amended Complaint and all claims asserted therein are hereby
DISMISSED WITH PREJUDICE. The clerk is directed to close this action.

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IT IS SO ORDERED.

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Dated:
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September 19, 2013

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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66h44d

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STIPULATION FOR VOLUNTARY DISMISSAL PURSUANT TO FEDERAL
RULES OF CIVIL PROCEDURE, RULE 41(a)(A)(ii)

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