Schultz v. Stericycle, Inc. et al

Filing 19

Stipulation to Dismiss Defendant Mike Storie with Prejudice and to File an Amended Complaint; ORDER signed by District Judge Lawrence J. O'Neill on 10/4/13. Mike Storie terminated. (Verduzco, M)

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Mark J. Alexander, SBN 184265
Law Offices of Mark J. Alexander
1500 J Street, Second Floor
Modesto, CA 95354
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff
VERONICA SCHULTZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERONICA SCHULTZ,
Plaintiff,

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No. 1:13-cv-01244-LJO-MJS
STIPULATION TO DISMISS
DEFENDANT MIKE STORIE WITH
PREJUDICE AND TO FILE AN
AMENDED COMPLAINT

v.
STERICYCLE, INC., a Delaware
Corporation, MIKE STORIE and DOES 1
through 50, inclusive,
Defendants.

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STIPULATION

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1.

WHEREAS the Court’s Order on the Defendant’s 12(c) Motion granted the same

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with leave to amend;
2.

WHEREAS Plaintiff has agreed to dismiss Defendant MIKE STORIE with

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prejudice and to file an Amended Complaint to this effect in return for Defendant MIKE

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STORIE’S waiver of costs;

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3.

WHEREAS Plaintiff agrees that because the amended complaint does not contain

any substantive or new allegations against Defendant STERICYCLE, Defendant STERICYCLE

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is not required to respond to the First Amended Complaint and its general denial filed in State
Court continues to serve as its Answer to the First Amended Complaint. (Stanley Works v.
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Snydergeneral Corp., 781 F. Supp. 659, 664-65 (E.D. Cal. 1990).)

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4.

NOW THEREFORE, in conformity with the parties stipulation, it is respectfully

requested that the Court enter an Order for the voluntary dismissal with prejudice of Defendant

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MIKE STORIE and to permit the filing of an Amended Complaint to this effect.
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5.

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Attached to this Stipulation as Exhibit 1, is a true and correct copy of the

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[Proposed] First Amended Complaint.

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DATED: October 3, 2013

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LAW OFFICES OF MARK J. ALEXANDER
By:

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/s/ Mark J. Alexander
Mark J. Alexander
Attorneys for Plaintiff
Veronica Schultz

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DATED: October 3, 2013

VEDDER PRICE (CA), LLP
By:

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/s/ Lucky Meinz
Lucky Meinz
Attorneys for Defendants
Stericycle, Inc. and Mike Storie

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ORDER

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1.

In consideration of the parties stipulation, and good cause appearing therefore to

the satisfaction of the Court;

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2.

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IT IS HEREBY ORDERED that Defendant MIKE STORIE is voluntarily

dismissed with prejudice with each party to bear its own fees and costs associated

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therewith;

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3.

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Plaintiff may file and serve the proposed First Amended Complaint immediately

but in no event later than October 8, 2013;
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///
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4.

As a result of the dismissal, that portion of the Court’s Order on the Defendant’s

12(c) motion granting leave to amend is moot, and vacated as such.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill

October 4, 2013

UNITED STATES DISTRICT JUDGE

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