Kalani v. Federico et al

Filing 39

ORDER signed by Senior Judge William B. Shubb on 1/30/2015 DISMISSING 25 Crossclaim with prejudice pursuant to F.R.Cv.P. Rule 41(a)(1)(A)(ii); ORDERING each party to bear its own attorney's fees and costs. CASE CLOSED. (Michel, G.)

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1 2 3 4 5 JEFFER MANGELS BUTLER & MITCHELL LLP MARTIN H. ORLICK (Bar No. 083908) morlick@jmbm.com MATTHEW S. KENEFICK (Bar No. 227298) mkenefick@jmbm.com Two Embarcadero Center, Fifth Floor San Francisco, California 94111-3824 Telephone: (415) 398-8080 Facsimile: (415) 398-5584 Attorneys for Defendant Highway 88 and 99 Land Company, a limited partnership 6 UNITED STATES DISTRICT COURT 7 8 9 ROBERT KALANI, Plaintiff, 10 11 12 13 EASTERN DISTRICT OF CALIFORNIA CASE NO. 2:13-cv-00272-WBS-CKD STIPULATION FOR DISMISSAL OF DEFENDANT HIGHWAY 88 AND 99 LAND COMPANY'S CROSS-CLAIM v. ERNIE FEDERICO dba PERKO'S CAFÉ; HIGHWAY 88 and 99 LAND COMPANY, a LIMITED PARTNERSHIP, Defendants. Complaint filed: February 13, 2013 14 15 AND RELATED CROSS-CLAIM 16 17 IT IS HEREBY STIPULATED by and between Cross-Complainant Highway 88 and 18 99 Land Company ("Cross-Complainant") and Cross-Defendant Earnest A. Federico, dba Perko's 19 Café ("Cross-Defendant") the parties in the cross action, by and through their respective counsel, 20 pursuant to Federal Rule of Civil Procedure 41 (a)(1) (A) (ii), that the Cross-Complaint in the 21 above-captioned action be dismissed with prejudice. Each party shall bear its own attorney's fees 22 and costs. Date: January 26, 2015 23 24 JEFFER MANGELS BUTLER & MITCHELL LLP MARTIN H. ORLICK MATTHEW S. KENEFICK By /s/ Matthew S. Kenefick MATTHEW S. KENEFICK, ESQ. Attorney for Defendant/Cross-Complainant HIGHWAY 88 and 99 LAND COMPANY, a LIMITED PARTNERSHIP 25 26 27 28 PRINTED ON 29 RECYCLED PAPER SF 1954478v1 30 STIPULATION and PROPOSED ORDER FOR DISMISSAL OF CROSS-CLAIM CASE NO. 2:13-cv-00272-WBS-CKD 1 Date: January 26, 2015 2 MICHAEL WELCH AND ASSOCIATES By /s/ Michael D. Welch MICHAEL D. WELCH, ESQ. Attorney for Defendant/Cross-Defendant Earnest A. Federico, dba Perko's Cafe 3 4 5 ATTESTATION 6 7 The filer of this document hereby attests that concurrence in the filing of this document has 8 been obtained from each of the signatories listed above. 9 DATED: January 26, 2015 JEFFER MANGELS BUTLER & MITCHELL LLP 10 11 By: /s/ Matthew S. Kenefick MATTHEW S. KENEFICK Attorneys for HIGHWAY 88 and 99 LAND COMPANY, a LIMITED PARTNERSHIP 12 13 14 15 16 17 18 ORDER The parties having so stipulated, IT IS HEREBY ORDERED that Cross-Complainant's Cross-Claim in this action be dismissed with prejudice. Each party shall bear its own attorney's fees and costs. 19 20 IT IS SO ORDERED. 21 Dated: January 30, 2015 22 23 24 25 26 27 28 -2- PRINTED ON 29 RECYCLED PAPER SF 1954478v1 30 STIPULATION and PROPOSED ORDER FOR DISMISSAL OF CROSS-CLAIM CASE NO. 2:13-cv-00272-WBS-CKD

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