Rivas et al v. California Franchise Tax Board et al

Filing 46

STIPULATION and ORDER DISMISSING CASE without prejudice signed by District Judge Lawrence J. O'Neill on 2/8/2012. CASE CLOSED. (Lundstrom, T)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
STEVEN M. GEVERCER, State Bar No. 112790
Senior Assistant Attorney General
STEPHEN C. PASS, State Bar No. 131179
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Slue Railsback

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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MICHELLE RIVAS and THOMAS
KASCHAK,

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1:08-CV-00942 LJO SKO

STIPULATION AND [PROPOSED]
Plaintiffs, ORDER FOR DISMISSAL

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v.

[Fed. R. Civ. P. 41(a)(1)(A)(ii)]

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Action Filed:
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CALIFORNIA FRANCHISE TAX BOARD,
et al.,

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Defendants.
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Plaintiff, Thomas Kaschak, by his counsel, and Defendant, Slue Railsback, by her counsel,

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hereby stipulate and agree to the dismissal of the above captioned matter in its entirety without

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prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii).
This Stipulation and Proposed Order is being filed by Defendant at the request of Plaintiff's

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attorney, James R. Rowe.

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///

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Stipulation and Order for Dismissal (1:08-CV-00942 LJO SKO)

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Dated: February 7, 2012

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
STEVEN M. GEVERCER
Senior Assistant Attorney General

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/s/Stephen C. Pass

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STEPHEN C. PASS
Deputy Attorney General
Attorneys for Defendant Slue Railsback

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Dated: February 7, 2012

/s/ James R. Rowe
James R. Rowe
The Law Firm of Rowe & Associates
100 North LaSalle St., Suite 1010
Chicago, Illinois, 60602
[phone]
Attorneys for Plaintiff Thomas Kaschak

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Based on the parties’ stipulation, this Court DISMISSES without prejudice this entire action and VACATES

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all pending matters and dates. This Court further DISCHARGES its February 3, 2012 order to show cause and

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DIRECTS the clerk to close this action.

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IT IS SO ORDERED.
Dated:

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/s/ Lawrence J. O’Neill

February 8, 2012

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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66h44d

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Stipulation and Order for Dismissal (1:08-CV-00942 LJO SKO)