Fidelity Brokerage Services LLC v. Savell

Filing 23

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 2/18/14: This case is hereby DISMISSED WITH PREJUDICE pursuant to Federal Rules of Civil Procedure Rule 41(a), each party to bear their own fees and costs. (Kaminski, H)

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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M. Taylor Florence (SBN 159695)
[e-mail]
Krista J. Dunzweiler (SBN 227384)
[e-mail]
LOCKE LORD LLP
500 Capitol Mall, Suite 1800
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]
Jennifer A. Kenedy (admitted pro hac vice)
[e-mail]
LOCKE LORD LLP
111 South Wacker Drive
Chicago, IL 60606-4410
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
FIDELITY BROKERAGE SERVICES LLC

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Jeffrey K. Compton (SBN 142969)
[e-mail]
Oriet Cohen-Supple (SBN 206781)
[e-mail]
MARKUN ZUSMAN FRENIERE& COMPTON LLP
465 California Street, 5th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Eric Savell

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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FIDELITY BROKERAGE SERVICES LLC, )
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a limited liability company,
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Plaintiff,
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v.
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ERIC SAVELL, an individual,
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Defendant.
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UES

CASE NO. 2:12-cv-01608-MCE-CKD
JOINT RESPONSE TO ORDER TO SHOW
CAUSE AND STIPULATED REQUEST
FOR DISMISSAL; ORDER OF DISMISSAL

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Plaintiff Fidelity Brokerage Services, LLC’s (“Fidelity”), through its counsel, M. Taylor

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Florence, and Defendant Eric Savell (“Savell”), through his counsel of record, Jeffrey K. Compton

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hereby agree and stipulate as follows:

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WHEREAS, the dispute between the parties resolved through informal and confidential

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resolution on or about October 25, 2012 pursuant to which Fidelity was to dismiss this action against

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Savell in consideration for mutual promises and releases made by both parties, following the entry of

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a Stipulated Award by FINRA;

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WHEREAS, FINRA issued the Stipulated Award on or about December 20, 2012; and

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WHEREAS, due to an administrative oversight, Fidelity did not request an order dismissing

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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the action following the issuance of the Stipulated Award.
IT IS HEREBY REQUESTED THAT the Complaint on file in this action and all claims for

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relief be dismissed with prejudice pursuant to Federal Rules of Civil Procedure Rule 41(a), each

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party to bear their own fees and costs.

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Dated: February 6, 2014

LOCKE LORD LLP

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/s/ M. Taylor Florence
By:

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M. Taylor Florence
Attorney for Plaintiff
FIDELITY BROKERAGE SERVICES LLC

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Dated: February 6, 2014

MARKUN ZUSMAN FRENIERE & COMPTON
LLP

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/s/ Jeffrey K. Compton
By:
Jeffrey K. Compton
Attorney for Defendant
ERIC SAVELL

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ORDER

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IT IS HEREBY ORDERED that the Complaint and any all claims for relief of Plaintiff

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FIDELITY BROKERAGE SERVICES LLC in Case No. 2:12-cv-01608-MCE-CKD filed in the

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U.S. District Court for the Eastern District of California are hereby DISMISSED WITH

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PREJUDICE pursuant to Federal Rules of Civil Procedure Rule 41(a), each party to bear their own

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fees and costs.

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IT IS SO ORDERED.
Dated: February 18, 2014

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Locke Lord LLP

500 Capitol Mall, Suite 1800
Sacramento, CA 95814

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