Animal Blood Bank, Inc. et al v. Hale

Filing 70

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 6/29/12 ORDERING that the Counterclaim only in this action 8 is DISMISSED with prejudice and with ABB and Trustee bearing their own attorney's fees and costs with respect to the Counterclaim. (Mena-Sanchez, L)

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KURT A. KAPPES – SBN 146384
[e-mail]
MARC B. KOENIGSBERG – SBN 204265
[e-mail]
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and Counter Defendants,
Animal Blood Bank, Inc., Michael W. Kaufman, and
Patricia M. Kaufman

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANIMAL BLOOD BANK, INC., a California
corporation;
MICHAEL W. KAUFMAN, an individual; and
PATRICIA M. KAUFMAN, an individual,

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CASE NO.: 2:10-cv-02080-KJM-KJN

Plaintiffs,
STIPULATION FOR DISMISSAL OF
COUNTERCLAIM WITH PREJUDICE;
ORDER

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v.

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ANNE S. HALE, an individual,

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Defendant.

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ANNE S. HALE,
Counter Claimant,

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v.
ANIMAL BLOOD BANK, INC.;
MICHAEL W. KAUFMAN; and
PATRICIA M. KAUFMAN,
Counter Defendants.

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Case No. 2:10-cv-02080-KJM-KJN
STIPULATION FOR DISMISSAL OF COUNTERCLAIM WITH PREJUDICE; ORDER

STIPULATION

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1.

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On October 8, 2010, Defendant/Counter Claimant Anne S. Hale (“Hale”) filed a

Counterclaim in this action. See Document 8 on file with the Court.
2.

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On July 29, 2011, Hale filed a bankruptcy case under Chapter of the United

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States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of

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Michigan, bearing case number 11-33589. See Document 44 on file with the Court.
3.

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bankruptcy estate of Hale (“Trustee”).
4.

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Michael A. Mason was appointed the Chapter 7 bankruptcy Trustee of the

The claims of Hale set forth in the Counterclaim are property of her bankruptcy

estate pursuant to 11 U.S.C. section 541 and are under the control of the Trustee.
5.

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Pursuant to Fed. R. Civ. P. 41(a)(1), Counter Defendants, Animal Blood Bank,

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Inc., Michael W. Kaufman, and Patricia M. Kaufman (collectively, “ABB”), and Michael A.

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Mason, as Trustee have, and hereby, stipulate only to the dismissal of the entire Counterclaim,

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and any and all claims alleged in it, with prejudice and with ABB and Trustee bearing their

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own attorney’s fees and costs with respect to the Counterclaim.

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Case No. 2:10-CV-02080-KJM-KJN
STIPULATION FOR DISMISSAL OF COUNTERCLAIM WITH PREJUDICE; ORDER

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6.

The action against Anne S. Hale, filed August 4, 2010 (see Document 1) shall

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remain active.

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Dated: June 25, 2012

GREENBERG TRAURIG, LLP

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By: /s/ Marc Koenigsberg ____________
Kurt A. Kappes
Marc B. Koenigsberg
Attorneys for Plaintiffs and Counter
Defendants,
Animal Blood Bank, Inc., Michael W.
Kaufman, and Patricia M. Kaufman

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Dated: June 25, 2012

BEADLE SMITH, PLC

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By: _/s/ Kevin Smith__________________
Kevin M. Smith (as authorized on 6/25/12)
Attorneys for Trustee
Michael A. Mason

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ORDER

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IT IS HEREBY ORDERED that the Counterclaim only in this action is hereby

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dismissed with prejudice and with ABB and Trustee bearing their own attorney’s fees and costs

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with respect to the Counterclaim.

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Dated: June 29, 2012.

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UNITED STATES DISTRICT JUDGE

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Case No. 2:10-CV-02080-KJM-KJN
STIPULATION FOR DISMISSAL OF COUNTERCLAIM WITH PREJUDICE; ORDER