Papagni v. Elliott Auto Supply Co. Inc., et al

Filing 15

STIPULATION and ORDER to dismiss the Fourth Cause of Action, Intentional Infliction of Emotional Distress and Robert Gray and without prejudice signed by Judge Oliver W. Wanger on 2/5/2009. (Lundstrom, T)

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LAW OFFICE OF OVIEDO TOOKOIAN, LLP 1100 W. Shaw Ave., Ste. 130 Fresno, CA 93711

Robert D. Tookoian No. 194222 Ovidio Oviedo, Jr., No. 210311 LAW OFFICE OF OVIEDO TOOKOIAN, LLP 1100 W. Shaw Avenue, Suite 130 Fresno, CA 93711 Telephone: [phone] Facsimile: [phone] Attorneys for: John Papagni

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) ) v. ) ) Elliott Auto Supply Co., Inc., a Minnesota ) Corporation; Factory Motor Parts Co., a ) Minnesota Corporation, Robert Gray, an ) individual; and Does 1 through 10, inclusive. ) John Papagni, an individual, Defendants. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that the Fourth Cause of Action for Intentional Infliction of Emotional Distress and Mr. Robert Gray, an individual, are hereby dismissed without prejudice. Neither party is to be responsible to the other party for any costs or fees regarding this stipulation. Plaintiff shall not be responsible for any costs or fees associated with defendants' 12(b)(6) Motion to Strike, filed with the Court on or about January 9, 2009. CASE NO. 1:09-CV-00041-OWW-GSA STIPULATION TO DISMISS THE FOURTH CAUSE OF ACTION, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, AND ROBERT GRAY AND WITHOUT PREJUDICE

The undersigned respectfully request that the Court approve this order.

By:

/s/ Robert D. Tookoian

Dated: February 3, 2009
CASE NO. 1:09-CV-00041-OWW-GSA

S tip u l a t io n to Dismiss

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LAW OFFICE OF OVIEDO TOOKOIAN, LLP 1100 W. Shaw Ave., Ste. 130 Fresno, CA 93711

Robert D. Tookoian, Attorney for Plaintiff

/s/ Catherine L. Manske Catherine L. Manske Attorney for Defendants

Dated: January 30 , 2009

IT IS SO ORDERED. Dated: February 5, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

CASE NO. 1:09-CV-00041-OWW-GSA

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S tip u l a t io n to Dismiss