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

Filing 338

Joint STIPULATION For Voluntary Dismissal; ORDER, signed by District Judge Lawrence J. O'Neill on 8/19/2010. Multimatic, PKII, and Modesto Center Investors stipulate and respectfully request that this Court enter an order dismissing without prejudice Multimatics crossclaims against PKII and Modesto Center Investors filed March 13, 2009 (Doc. 139 ). Each party to pay its own costs.(Scrivner, E)

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

Doc. 338

RICHARD A. DONGELL (SBN 128083) ([e-mail]) THOMAS F. VANDENBURG (SBN 163446) ([e-mail]) IAN P. CULVER (SBN 245106) ([e-mail]) DONGELL LAWRENCE FINNEY LLP 707 Wilshire Boulevard, 45th Floor Los Angeles, CA 90017-3609 Telephone: [phone] Facsimile: [phone] 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; 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. Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Local Rule 83-143, MULTIMATIC CORPORATION, now known as THE

1 JOINT STIPULATION FOR VOLUNTARY DISMISSAL
Dockets.Justia.com

KIRRBERG CORPORATION, MULTIMATIC LLC, and THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION (collectively "Multimatic"), PAN PACIFIC RETAIL PROPERTIES, INC., KIMCO RETAIL CORPORATION, PK II CENTURY CENTER LP, and PRUDENTIAL REAL ESTATE INVESTORS (collectively "PKII"), and JOHN A. BRANAGH, LYNETTE F. BRANAGH, GAYLON C. PATTERSON, MARLA J. PATTERSON, MODESTO CENTER INVESTORS, L.P., and MCII, L.P. (collectively "Modesto Center Investors"), hereby stipulate and respectfully request that this Court enter an order dismissing without prejudice, PKII's crossclaims against Multimatic, filed March 13, 2009 (Doc. 144) and Modesto Center Investors' crossclaims against Multimatic, filed March 30, 2009 (Doc. 158), in view of this Court's Order on Multimatic's Motion for Judgment on the Pleadings, filed June 11, 2010 (Doc. 296). Further, Multimatic, PKII, and Modesto Center Investors stipulate and respectfully request that this Court enter an order dismissing without prejudice Multimatic's crossclaims against PKII and Modesto Center Investors filed March 13, 2009 (Doc. 139). Each party to pay its own costs. DATED: August 18, 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: August 18, 2010 ROGERS JOSEPH O'DONNELL

2 JOINT STIPULATION FOR VOLUNTARY DISMISSAL

By: _/s/ Robert C. Goodman____________ Robert C. Goodman Attorneys for JOHN A. BRANAGH, LYNETTE F. BRANAGH, GAYLON C. PATTERSON, MARLA J. PATTERSON, MODESTO CENTER INVESTORS, L.P., and MCII, L.P. DATED: August 18, 2010 GREENBURG TRAURIG, LLP By: _/s/ Kathleen E. Finnerty___________ Kathleen E. Finnerty Attorneys for PAN PACIFIC RETAIL PROPERTIES, INC., KIMCO RETAIL CORPORATION, PK II CENTURY CENTER LP, and PRUDENTIAL REAL ESTATE INVESTORS IT IS SO ORDERED. DATED: _August 19, 2010 /s/ Lawrence J. O'Neill_________ United States District Judge

1414-020/53900

3 JOINT STIPULATION FOR VOLUNTARY DISMISSAL