Gress v. Smith, et al.

Filing 102

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/16 ORDERING that Defendant Fong and Defendant Heffner are dismissed from this action without prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure.(Dillon, M)

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RYAN M. DAUGHERTY, SBN 279616
LORI MAE DAUGHERTY, SBN 272223
DAUGHERTY & DAUGHERTY
P.O. Box 19115
Sacramento, CA 95819
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
Michael Gress

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UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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-o0o-

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MICHAEL GRESS,

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Plaintiff,
vs.

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Dr. CHRISTOPHER SMITH, et al.,

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Defendants.
__________________________________

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Case No. 2:13-CV-00328-TLN-KJN
JOINT STIPULATION FOR VOLUNTARY
DISMISSAL OF DEFENDANTS
LAWRENCE FONG AND LEONARD
HEFFNER FROM ACTION PURSUANT
TO RULE 41(a)

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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In light of information obtained during discovery, Plaintiff Michael Gress, by and through his

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respective counsel of record, hereby requests dismissal of only Defendant Lawrence Fong and

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Defendant Leonard Heffner without prejudice. Defendant Fong and Defendant Heffner by and through

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their counsel of record, hereby both stipulate to Plaintiff’s request. Defendants have agreed to waive

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all of their respective fees and costs in exchange for their dismissal.

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Accordingly, the Parties hereby Stipulate and Agree that Defendant Fong and Defendant

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Heffner be dismissed without prejudice and for waiver of fees and cost for Defendant Fong and

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Defendant Heffner, pursuant to Federal Rule of Civil Procedure 41.

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Dated: May 17, 2016

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DAUGHERTY & DAUGHERTY
By:/s/ Ryan M. Daugherty____

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RYAN M. DAUGHERTY
Attorney for Plaintiff
Michael Gress

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Dated: May 17, 2016

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ATTORNEY GENERAL’S OFFICE
By:/s/ Kevin Reager__________

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KEVIN REAGER
Attorney for Defendants

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ORDER

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Pursuant to the Joint Stipulation submitted by Plaintiff Michael Gress and Defendant

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Lawrence Fong and Defendant Leonard Heffner, wherein the parties stipulate and agree that

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Defendant Fong and Defendant Heffner be dismissed from this action without prejudice in exchange

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for a waiver of fees and costs and good cause appearing:

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IT IS HEREBY ORDERED that Defendant Fong and Defendant Heffner are dismissed

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from this action without prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.
Dated: May 18, 2016

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/cw/gres0328.stip.dsm

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