Mission Linen Supply v. City of Visalia

Filing 113

ORDER re: STIPULATED REQUEST FOR VOLUNTARY DISMISSAL REGARDG CERTAIN CAUSES OF ACTION ONLY, FROM MISSION LINEN'S COMPLAINT, signed by District Judge Anthony W. Ishii on 10/4/2017. (Kusamura, W)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Email: [e-mail]
JAN A. GREBEN (Bar No. 103464)
CHRISTINE M. MONROE (Bar No. 304573)
GREBEN & ASSOCIATES
125 E. De La Guerra Street, Suite 203
Santa Barbara, CA 93101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
MISSION LINEN SUPPLY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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MISSION LINEN SUPPLY, a California
Corporation,
Plaintiff,

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v.
CITY OF VISALIA, and Does 1-20, inclusive,

Case No.: 1:15-cv-00672-AWI-EPG
STIPULATED REQUEST FOR
VOLUNTARY DISMISSAL REGARDG
CERTAIN CAUSES OF ACTION, ONLY,
FROM MISSION LINEN’S COMPLAINT;
[PROPOSED] ORDER

Defendant.

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Honorable Judge Anthony W. Ishii

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-1STIPULATED REQUEST FOR VOLUNTARY DISMISSAL OF CERTAIN CAUSES OF ACTION, ONLY; ORDER
1:15-cv-00672-AWI-EPG

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It is hereby stipulated by and between plaintiff Mission Linen Supply (“Mission Linen”) and

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defendant City of Visalia (“City”) that pursuant to Federal Rules of Civil Procedure, Rule 41(a), the

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following causes of action, only, are voluntarily dismissed without prejudice from Mission Linen’s

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Complaint (Document 2):

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1. Third Cause of Action for Continuing Private Nuisance;

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2. Fourth Cause of Action for Nuisance Per Se;

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3. Fifth Cause of Action for Declaratory Relief;

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4. Sixth Cause of Action for Dangerous Condition of Public Property;

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5. Seventh Cause of Action for Continuing Public Nuisance; and

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6. Eighth Cause of Action for Equitable Indemnity.

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It is further stipulated that each party shall bear their own attorney’s fees and costs.

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Dated: October 3, 2017

GUALCO LAW

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/s/ Lori J. Gualco
Lori J. Gualco
Attorney for Plaintiff MISSION LINEN
SUPPLY

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Dated: October 3, 2017

GREBEN & ASSOCIATES

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/s/ Jan A. Greben as authorized on 10/03/17
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiff MISSION LINEN
SUPPLY

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Date: October 3, 2017

HERR, PEDERSEN & BERGLUND LLP

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/s/ Leonard C. Herr as authorized on 10/03/17
Leonard C. Herr
Attorney for Defendant CITY OF VISALIA

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-2STIPULATED REQUEST FOR VOLUNTARY DISMISSAL OF CERTAIN CAUSES OF ACTION, ONLY; ORDER
1:15-cv-00672-AWI-EPG

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[PROPOSED] ORDER
Based on the foregoing stipulation, and good cause appearing thereon, it is HEREBY
ORDERED that:
1. The following causes of action, only, are dismissed without prejudice from Mission
Linen’s Complaint (Document 2):

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a. Third Cause of Action for Continuing Private Nuisance;

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b. Fourth Cause of Action for Nuisance Per Se;

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c. Fifth Cause of Action for Declaratory Relief;

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d. Sixth Cause of Action for Dangerous Condition of Public Property;

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e. Seventh Cause of Action for Continuing Public Nuisance; and

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f. Eighth Cause of Action for Equitable Indemnity.

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2. Each party shall bear their own attorney’s fees and costs; and

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3. The operative Pre-Trial Order shall be considered amended to exclude references related

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to Mission Linen’s Third Cause of Action for Continuing Private Nuisance, Fourth Cause

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of Action for Nuisance Per Se, Fifth Cause of Action for Declaratory Relief, Sixth Cause

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of Action for Dangerous Condition of Public Property, Seventh Cause of Action for

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Continuing Public Nuisance, and Eighth Cause of Action for Equitable Indemnity.

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IT IS SO ORDERED.
Dated: October 4, 2017
SENIOR DISTRICT JUDGE

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-3STIPULATED REQUEST FOR VOLUNTARY DISMISSAL OF CERTAIN CAUSES OF ACTION, ONLY; ORDER
1:15-cv-00672-AWI-EPG