Kristine Livingston et al v. Kempersports Management, Inc.

Filing 67

STIPULATION And ORDER Dismissing Claims Of Plaintiffs Kristine Livingston, Jason Alan Livingston, And Wesley Alexander Livingston With Prejudice, signed by Magistrate Judge Sheila K. Oberto on 6/12/2014. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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KRISTINE LIVINGSTON, Individually, and )
as Guardian ad Litem for IZAAK MARK
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LIVINGSTON, a Minor, JASON ALAN
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LIVINGSTON, WESLEY ALEXANDER )
LIVINGSTON, AS SURVIVORS OF
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MARK LIVINGSTON, DECEASED
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Plaintiffs,
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vs.
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KEMPERSPORTS MANAGEMENT INC., )
RIDGE CREEK DINUBA GOLF CLUB,
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and DOES 1-100, inclusive;
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Defendants.
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No. 1:12 –cv-01427-SKO
STIPULATION AND ORDER DISMISSING
CLAIMS OF PLAINTIFFS KRISTINE
LIVINGSTON, JASON ALAN LIVINGSTON,
AND WESLEY ALEXANDER LIVINGSTON
WITH PREJUDICE

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All Parties to this action stipulate through their respective counsel as follows:

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1.

Plaintiffs KRISTINE LIVINGSTON, JASON ALAN LIVINGSTON, and WESLEY

25 ALEXANDER LIVINGSTON hereby dismiss with prejudice all of their claims in the within action.
2.
Said Dismissal with Prejudice does not affect the settlement announced in open court
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27 between Plaintiff IZAAK MARK LIVINGSTON, a Minor, by and through his Guardian ad Litem,
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Livingston v. KemperSports Management, Inc.
USDC CA ED No. 1:12-cv-01427-LJO-SKO
Order Dismissing Claims of Plaintiffs Kristine Livingston, Jason Livingston, and Wesley Livingston
Page 1

1 KRISTINE LIVINGSTON, for which an Application for Approval of the Minor’s Compromise shall be
2 filed by his attorney, Dean B. Gordon within two weeks of the date of this Stipulation.
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3.

This Dismissal shall not affect any pending Worker’s Compensation between any of the

4 parties to this case.
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4.

All parties shall bear their own fees and costs in this case.

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DATED: June 10, 2014

LAW OFFICE OF DEAN B. GORDON

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By /s/ Dean B. Gordon_______________________________
DEAN B. GORDON
Attorney for Plaintiffs KRISTINE LIVINGSTON, IZAAK
MARK LIVINGSTON, a Minor, and JASON ALAN
LIVINGSTON, and WESLEY ALEXANDER
LIVINGSTON

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DATED: June 10, 2014

SEYFARTH SHAW LLP

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By: By /s/ Matthew J. Mason
Michael J. Burns
Matthew J. Mason
Chantelle C. Egan
Attorneys for Defendant
KEMPER SPORTS MANAGEMENT, INC.
(erroneously sued as KEMPERSPORTS
MANAGEMENT, INC.)

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Livingston v. KemperSports Management, Inc.
USDC CA ED No. 1:12-cv-01427-LJO-SKO
Order Dismissing Claims of Plaintiffs Kristine Livingston, Jason Livingston, and Wesley Livingston
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ORDER

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GOOD CAUSE APPEARING, based upon the foregoing stipulation of the Parties by and
through their respective counsel, the Court makes the following orders.
1.

All claims in the within action of Plaintiffs KRISTINE LIVINGSTON, JASON ALAN

5 LIVINGSTON, and WESLEY ALEXANDER LIVINGSTON are hereby dismissed with prejudice.
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2.

Said Dismissal with Prejudice does not affect the settlement announced in open court

7 between Plaintiff IZAAK MARK LIVINGSTON, a Minor, by and through his Guardian ad Litem,
8 KRISTINE LIVINGSTON, for which an Application for Approval of the Minor’s Compromise shall be
9 filed by his attorney, Dean B. Gordon within two weeks of the date of this Stipulation.
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3.

This Dismissal shall not affect any pending Worker’s Compensation between any of the

11 parties to this case.
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4.

All parties shall bear their own fees and costs in this case.

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IT IS SO ORDERED.
Dated:

June 12, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Livingston v. KemperSports Management, Inc.
USDC CA ED No. 1:12-cv-01427-LJO-SKO
Order Dismissing Claims of Plaintiffs Kristine Livingston, Jason Livingston, and Wesley Livingston
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