Warren v. Sam's West, Inc. et al
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr. on 10/21/2013 DISMISSING this action in its entirety against Defendant Wal-Mart Stores, Inc., without prejudice, pursuant to F.R.Cv.P. Rule 41(a)(1) re 24 Stipulation for Dismissal. (Michel, G)
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John L. Beers (SBN 70117)
Alice S. Wang (SBN 228351)
Daniel J. Aguilar (SBN 256557)
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, California 94111-3712
Telephone:
(415) 490-9000
Facsimile:
(415) 490-9001
Attorneys for Sam’s West, Inc. and Wal-Mart Stores, Inc.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LINDA WARREN,
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Plaintiff,
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Case No.: 2:12-cv-02315-MCE-EFB
v.
JOINT STIPULATION FOR DISMISSAL
OF ALL CLAIMS AGAINST WAL-MART
STORES, INC. AND ORDER
SAM’S WEST, INC. A Arkansas
Corporation; WAL-MART STORES, INC. A Complaint Filed:
Delaware Corporation
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September 10, 2012
Defendant.
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SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES,
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THROUGH
THEIR
RESPECTIVE
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ATTORNEYS
OF
RECORD,
HEREBY
STIPULATE TO THE FOLLOWING:
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WHEREAS, Plaintiff Linda Warren (“Plaintiff”) filed a Complaint on September 10,
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2012 against Defendants Sam’s West, Inc. and Wal-Mart Stores, Inc. in the above referenced
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action;
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WHEREAS, Defendants Sam’s West, Inc. and Wal-Mart Stores, Inc. answered
Plaintiff’s Complaint on or about October 24, 2012;
WHEREAS, counsel for all parties have engaged in discovery regarding the claims in
this action;
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WHEREAS, counsel for Plaintiff agrees to dismiss Defendant Wal-Mart Stores, Inc.
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without prejudice based on the absence of any known substantive legal grounds to assert any
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claims against Wal-Mart Stores, Inc.
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WHEREAS, the Parties hereby stipulate for dismissal without prejudice that the above-
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entitled action be dismissed in its entirety against Wal-Mart Stores, Inc. pursuant to Federal
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Rule of Civil Procedure 41(a)(1).
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WHEREAS, the Parties, Plaintiff and Defendant Wal-Mart Stores, Inc. shall bear their
own respective costs and attorney’s fees.
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THEREFORE, based on the foregoing, by and through their undersigned attorneys of
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record, the Parties HEREBY STIPULATE AND REQUEST that the Court issue and Order
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dismissal of all claims against Defendant Wal-Mart Stores, Inc. without prejudice.
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IT IS SO STIPULATED.
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DATED: October 16, 2013
FISHER & PHILLIPS LLP
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By: /s/Alice S. Wang
John L. Beers
Alice S. Wang
Daniel J. Aguilar
Attorneys for Defendants
Sam’s West, Inc. and
Wal-Mart Stores, Inc.
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DATED: October 16, 2013
FISHER & PHILLIPS LLP
By: /s/Mark Peter Velez
Mark Peter Velez, Esq.
Karen Asplund Velez, Esq.
Attorneys for Plaintiff
Linda Warren
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ORDER
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The Court has reviewed the parties’ stipulation (ECF No. 24), and the above-entitled
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action is dismissed in its entirety against Wal-Mart Stores, Inc. pursuant to Federal Rule of
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Civil Procedure 41(a)(1).
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IT IS SO ORDERED.
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Dated: October 21, 2013
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