Warren v. Sam's West, Inc. et al

Filing 25

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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1 2 3 4 5 6 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. 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LINDA WARREN, 11 Plaintiff, 12 13 14 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 15 September 10, 2012 Defendant. 16 SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES, 17 18 THROUGH THEIR RESPECTIVE 19 ATTORNEYS OF RECORD, HEREBY STIPULATE TO THE FOLLOWING: 20 WHEREAS, Plaintiff Linda Warren (“Plaintiff”) filed a Complaint on September 10, 21 2012 against Defendants Sam’s West, Inc. and Wal-Mart Stores, Inc. in the above referenced 22 action; 23 24 25 26 27 28 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; 1 WHEREAS, counsel for Plaintiff agrees to dismiss Defendant Wal-Mart Stores, Inc. 2 without prejudice based on the absence of any known substantive legal grounds to assert any 3 claims against Wal-Mart Stores, Inc. 4 WHEREAS, the Parties hereby stipulate for dismissal without prejudice that the above- 5 entitled action be dismissed in its entirety against Wal-Mart Stores, Inc. pursuant to Federal 6 Rule of Civil Procedure 41(a)(1). 7 8 WHEREAS, the Parties, Plaintiff and Defendant Wal-Mart Stores, Inc. shall bear their own respective costs and attorney’s fees. 9 THEREFORE, based on the foregoing, by and through their undersigned attorneys of 10 record, the Parties HEREBY STIPULATE AND REQUEST that the Court issue and Order 11 dismissal of all claims against Defendant Wal-Mart Stores, Inc. without prejudice. 12 13 IT IS SO STIPULATED. 14 15 DATED: October 16, 2013 FISHER & PHILLIPS LLP 16 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. 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 ORDER 3 The Court has reviewed the parties’ stipulation (ECF No. 24), and the above-entitled 4 action is dismissed in its entirety against Wal-Mart Stores, Inc. pursuant to Federal Rule of 5 Civil Procedure 41(a)(1). 6 IT IS SO ORDERED. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 21, 2013

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