Galindo v. ABS Global, Inc. et al

Filing 27

ORDER Closing Case to as Pro Vita Animal Health LLC and Pro Vita Eurotech Ltd., signed by Magistrate Judge Jennifer L. Thurston on 4/28/2017. (Hall, S)

1 James J. Braze (SBN: 75911)
BORTON PETRINI, LLP
2 5060 California Avenue, Suite 700
Bakersfield, California 93309
3 Tel: [phone]
Fax: [phone]
4 [e-mail]
5 Attorneys for Defendants
Pro Vita Eurotech Ltd.
6 Pro Vita Animal Health, LLC
7 Randy Rumph (SBN: 232235)
218 H. Street
8 Bakersfield, California 93304
Phone: [phone]
9
Fax: [phone]
10
Attorneys for Plaintiff Sergio Galindo
11
12
13

UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15
16

SERGIO GALINDO, an individual,,
Plaintiff,

17
18

Case No. 1:16-CV-00506-AWI-JLT
AMENDED STIPULATION AND ORDER
DISMISSING DEFENDANTS PRO VITA
EUROTECH LTD., PRO VITA ANIMAL
HEALTH LLC, THEIR AGENTS AND
EMPLOYEES ONLY
(Doc. 26)

v.

ABS GLOBAL, INC.; PRO VITA EUROTECH
19 LTD.; PRO VITA ANIMAL HEALTH LLC;
DOES 1 through 100,
20
Defendants.
21
22
23

IT IS HEREBY STIPULATED by and between the parties, Plaintiff SERGIO GALINDO

24
25
26
27
28
k:\jlt\to_be_sig
ned\16cv506.o.
2d ver.close as
to pro
vita.awi.jlt.doc
x

and Defendant, PRO VITA ANIMAL HEALTH, LLC, through their respective counsel, that this matter
will be dismissed with prejudice as to Defendants PRO VITA EUROTECH LTD., PRO VITA
ANIMAL HEALTH LLC, their respective agents and employees.
///
1
AMENDED STIPULATION AND ORDER

IT IS FURTHER STIPULATED that each party will bear their own attorney’s fees and

1
2 costs.

3 Dated: April 26, 2017
4
/s/ Randy Rumph (as authorized on 04-26-17)
Attorneys for Plaintiff Sergio Galindo

5
6
7
8 Dated: April 26, 2017

BORTON PETRINI, LLP

9
10

/s/ James J. Braze (as authorized on 04-26-17)
Attorneys for Defendants Pro Vita Eurotech, Ltd., Pro
Vita Animal Health LLC

11
12

ORDER

13
14

The parties have stipulation to dismiss this action with prejudice, with each party to bear their

15 own attorney fees and costs as to Pro Vita Eurotech Ltd., Pro Vita Animal Health LLC and their
16 respective agents and employees. (Doc. 26) Federal Rules of Civil Procedure 41(a)(1) provides, “the
17 plaintiff may dismiss an action without a court order by filing: . . . a stipulation of dismissal signed by
18 all parties who have appeared.”. . .” Fed. R. Civ. P. 41(a). Once such a notice has been filed, an order of
19 the Court is not required to make the dismissal effective. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of
20 San Jose, 111 F.3d 688, 692 (9th Cir. 1997). Thus, the Clerk of Court is DIRECTED to close this action
21 as to Pro Vita Eurotech Ltd., Pro Vita Animal Health LLC and their respective agents and employees
22 only in light of the stipulation signed pursuant to Rule 41(a).
23
24 IT IS SO ORDERED.
25
26

Dated:

April 28, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

27
28
k:\jlt\to_be_sig
ned\16cv506.o.
2d ver.close as
to pro
vita.awi.jlt.doc
x

2
AMENDED STIPULATION AND ORDER