Team Enterprises, LLC v. Western Investment Real Estate Trust et al

Filing 304

JOINT STIPULATION and ORDER for Voluntary Dismissal without Prejudice of Vulcan Materials Company and Legacy Vulcan Corp.'s Crossclaims Against Multimatic Corporation, Multimatic LLC, and the Kirrberg Corporation signed by District Judge Lawrence J. O'Neill on 06/21/2010. (Flores, E)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RICHARD A. DONGELL (SBN 128083) (rdongell@dlflawyers.com) THOMAS F. VANDENBURG (SBN 163446) (tvandenburg@dlflawyers.com) IAN P. CULVER (SBN 245106) (iculver@dlflawyers.com) DONGELL LAWRENCE FINNEY LLP 707 Wilshire Boulevard, 45th Floor Los Angeles, CA 90017-3609 Telephone: (213) 943-6100 Facsimile: (213) 943-6101 Attorneys for MULTIMATIC CORPORATION, now known as THE KIRRBERG CORPORATION, MULTIMATIC LLC, and THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION TEAM ENTERPRISES, LLC, v. WESTERN INVESTMENT REAL ESTATE TRUST, et al., Defendants. 1:08-cv-00872-LJO-SMS Hon. Lawrence J. O'Neill JOINT STIPULATION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE OF VULCAN MATERIALS COMPANY AND LEGACY VULCAN CORP.'S CROSSCLAIMS AGAINST MULTIMATIC CORPORATION, MULTIMATIC LLC, AND THE KIRRBERG CORPORATION; ORDER [Fed. R. Civ. P. 41(a)(2); L.R. 83-143] TEAM ENTERPRISES, INC., v. LEGACY VULCAN CORP., et al., Defendants. AND RELATED ACTIONS. 1 JOINT STIPULATION FOR VOLUNTARY DISMISSAL; ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Local Rule 83-143, MULTIMATIC CORPORATION, now known as THE KIRRBERG CORPORATION, MULTIMATIC LLC, and THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION (collectively "Multimatic") and VULCAN MATERIALS COMPANY and LEGACY VULCAN CORP. (jointly "Vulcan") hereby stipulate and respectfully request that this Court enter an order dismissing without prejudice Vulcan's crossclaims, filed January 6, 2009 (Doc. 117) against Multimatic, in view of this Court's Order on Multimatic's Motion for Judgment on the Pleadings, filed June 11, 2010 (Doc. 296). DATED: June 16, 2010 DONGELL LAWRENCE FINNEY LLP By: __/s/ Ian P. Culver________________ Ian P. Culver Attorneys for MULTIMATIC CORPORATION, now known as THE KIRRBERG CORPORATION, MULTIMATIC LLC, and THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION DATED: June 16, 2010 MUNGER TOLLES & OLSON LLP By: _____/s/ Patrick Cafferty____________ Patrick Cafferty Blanca Young Attorneys for VULCAN MATERIALS COMPANY and LEGACY VULCAN CORP. IT IS SO ORDERED. Dated: June 21, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2 JOINT STIPULATION FOR VOLUNTARY DISMISSAL; ORDER

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