Montgomery, et al v. Burge, et al

Filing 38

STIPULATION and ORDER signed by Judge William B. Shubb on 1/15/09 ORDERING that this actions is DISMISSED without prejudice and that plts will proceed forward with case 2:08cv0385. CASE CLOSED. (Duong, D)

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NATHANIEL POTRATZ, ESQ., SBN 215734 LAW OFFICES OF NATHANIEL POTRATZ 4790 Dewey Drive, Suite A Fair Oaks, California 95628 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO ___________________________________________________________ Sherry Montgomery; Mary Buchanan; Jewell ) Fowler; Julie Christian, ) ) Plaintiffs ) ) ) vs. ) ) ) Tim Buege; Yorktown Arms Apartments; TC ) Property Management; Michael Gavin; Jose ) Divas; Does 1 to 10, ) ) ) Defendants. ) CASE NO.: 2:07!CV!00249!WBS!KJM STIPULATION TO VOLUNTARY DISMISSAL WITHOUT PREJUDICE; ORDER THEREON Courtroom: Honorable: 5 William B. Shubb

-1Stipulation to Voluntary Dismissal Without Prejudice

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Counsel for Plaintiffs and for Counsel for Defendants have met and conferred regarding the need to dismiss without prejudice the first-filed of the two related actions, and agree that: 1. Both parties agree to a dismissal without prejudice of Case No.

2:07!CV!00249!WBS!KJM and that plaintiffs will proceed forward with Case No. 2:08-CV00385-WBS-KJM. Said dismissal will be without prejudice to the claims and parties in Plaintiff's Case No. 2:08-CV-00385-WBS-KJM, however, Defendants reserve their right to bring a motion to dismiss (or other similar motion) Plaintiff's Case No. 2:08-CV-00385-WBS-KJM. As a result of counsel for Plaintiffs and counsel for Defendants having met and conferred, and in light of the agreement noted above, counsel hereby stipulate as follows: COUNSEL FOR PLAINTIFFS AND COUNSEL FOR DEFENDANTS HEREBY STIPULATE THAT CASE NO. 2:07!CV!00249!WBS!KJM SHALL BE DISMISSED WITHOUT PREJUDICE AND THAT PLAINTIFFS WILL PROCEED FORWARD WITH CASE NO. 2:08-CV-00385-WBS-KJM, AND THAT DEFENDANTS RESERVE THE RIGHT TO BRING A MOTION TO DISMISS OR OTHER SIMILAR MOTION. DATED: January 13, 2009 ADAMS & CORZINE By: /s/ JEFF CORZINE JEFF CORZINE Attorney for Defendants

DATED: January 13, 2009

LAW OFFICES OF NATHANIEL POTRATZ By: /s/ NATHANIEL POTRATZ NATHANIEL POTRATZ Attorney for Plaintiffs

ORDER Based upon stipulation of the parties, and good reason appearing, IT IS SO ORDERED. DATED: January 15, 2009

-2Stipulation to Voluntary Dismissal Without Prejudice

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