Kalani v. Wiebe et al

Filing 35

STIPULATION AND ORDER signed by Judge Lawrence K. Karlton on 4/22/2013 ORDERING the answer 28 is hereby STRICKEN; DISMISSING CASE with prejudice, pursuant to FRCP 41(a)(1)(A)(ii); each party to bear its own attorneys fees and costs. CASE CLOSED (Reader, L)

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Tanya E. Moore, SBN 206683
MOORE LAW FIRM, P.C.
332 North Second Street
San Jose, California 95112
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
Attorneys for Plaintiff
Robert Kalani

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) No. 2:12-cv-00959-LKK-DAD
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) STIPULATION FOR DISMISSAL OF
) ACTION; ORDER
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ROBERT KALANI,
Plaintiff,
vs.
LEONE B. WIEBE, TRUSTEE OF THE
LEONE B. WIEBE FAMILY TRUST
DATED JUNE 13, 1990; HOLLYWOOD
CAFÉ LODI, A CALIFORNIA
CORPORATION dba HOLLYWOOD
FAMILY CAFÉ,
Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Robert Kalani and Defendant

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Leone B. Wiebe, Trustee of the Leone B. Wiebe Family Trust Dated June 13, 1990, the parties

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who have properly appeared in this action, by and through their respective counsel, that

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pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the above-captioned action be

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dismissed with prejudice in its entirety. Each party is to bear its own attorneys’ fees and costs.

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Date: April 22, 2013

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MOORE LAW FIRM, P.C.
/s/Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff Robert Kalani

Kalani v. Wiebe, et al.
Stipulation for Dismissal of Action; [Proposed] Order

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Date: April 16, 2013

DOWNEY BRAND LLP

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/s/ Elizabeth B. Stallard
Elizabeth B. Stallard
Attorneys for Defendant Leone B. Wiebe, Trustee
of the Leone B. Wiebe Family Trust Dated June
13, 1990

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ORDER

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1.

The Answer of “Hollywood Café Lodi, a California Corporation dba

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Hollywood Family Café,” was submitted by Darlene Machado, who identifies herself as

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“Defendant In Pro Per.” It appearing that Ms. Machado is not an attorney, she may not make

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an appearance on behalf of defendant, nor file an Answer on its behalf. E.D. Cal. R. 183(a)

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(“A corporation or other entity may appear only by an attorney”); C.E. Pope Equity Trust v.

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U.S., 818 F.2d 696, 697 (9th Cir. 1987) (non-attorney “has no authority to appear as an

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attorney for others than himself”). Accordingly, the Answer (ECF No. 28), is hereby stricken,

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and defendant is deemed not to have made an appearance in this action.

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2.

The only other defendant, “Leone B. Wiebe, Trustee of the Leone B. Wiebe

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Family Trust Dated June 13, 19990,” appearing by counsel, has stipulated with plaintiff to the

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dismissal of this action with prejudice in its entirety, with each party to bear its own attorneys’

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fees and costs. ECF No. 34.

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Accordingly, the remaining 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: April 22, 2013

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Kalani v. Wiebe, et al.
Stipulation for Dismissal of Action; [Proposed] Order

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