Linenbroker v. ITT Educational Services, Inc.

Filing 34

ORDER on Stipulation for Dismissal of Action, signed by District Judge Lawrence J. O'Neill on 5/6/15: This action is dismissed with prejudice in its entirety. (CASE CLOSED)(Hellings, J)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 David R. McNamara, #133302
Deborah A. Byron, #105327
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for ITT EDUCATIONAL SERVICES,
6 INC. DBA ITT TECHNICAL INSTITUTE
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 SCOTT LINENBROKER, an individual,

Case No. 1:14-CV-00207-LJO-GSA

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STIPULATION FOR DISMISSAL OF
ACTION; ORDER

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Plaintiff,
v.

14 ITT EDUCATIONAL SERVICES, INC. dba
ITT TECHNICAL INSTITUTE, a California
15 Corporation and DOES 1-50,
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Defendants.

Trial Date: October 27, 2015

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IT IS HEREBY STIPULATED by and between Plaintiff SCOTT LINENBROKER and

19 Defendant ITT EDUCATIONAL SERVICES, INC. dba ITT TECHNICAL INSTITUTE, a California
20 Corporation, the parties to this action, by and through their respective counsel, that pursuant to Federal
21 Rule of Civil Procedure 41(a)(1)(A)(ii), the above-captioned action be dismissed with prejudice in its
22 entirety.
23 Dated: May 6, 2015

MICHAEL J.F. SMITH,
A PROFESSIONAL CORPORATION

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/S/ MICHAEL J.F. SMITH
Michael J.F.Smith
Attorneys for Plaintiff SCOTT LINENBROKER
By:

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION FOR DISMISSAL OF ACTION; ORDER

1 Dated: May 5, 2015

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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/S/ DAVID R. McNAMARA
David R. McNamara
Deborah A. Byron
Attorneys for Defendant ITT EDUCATIONAL
SERVICES, INC. dba ITT TECHNICAL
INSTITUTE

By:

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ORDER

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The parties having so stipulated,

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IT IS HEREBY ORDERED that this action be dismissed with prejudice in its entirety.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

May 6, 2015

UNITED STATES DISTRICT JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER

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PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF FRESNO
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At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Fresno, State of California. My business address is 7647 North Fresno
4 Street, Fresno, CA 93720.
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On April __, 2015, I served true copies of the following document(s) described as
STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER on the interested
6 parties in this action as follows:
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MICHAEL J.F. SMITH
Michael J.F. Smith,
A Professional Corporation
1391 W. Shaw Avenue, Suite D
Fresno, California 93711
Email: [e-mail]

Attorney for Plaintiff, Scott Linenbroker

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BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
11 persons at the addresses listed in the Service List and placed the envelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this business’s practice for
12 collecting and processing correspondence for mailing. On the same day that the correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
13 States Postal Service, in a sealed envelope with postage fully prepaid.
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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct and that I am employed in the office of a member of the bar of this Court
15 at whose direction the service was made.
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Executed on April __, 2015, at Fresno, California.

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Lisa Hammond
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45205-00002 3345169.1

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

STIPULATION FOR DISMISSAL OF ACTION; [PROPOSED] ORDER