Gress v. Smith, et al.

Filing 69

ORDER signed by Magistrate Judge Kendall J. Newman on 2/18/2015 and stipulated between the parties to DISMISS defendants Mary Chase and Wesley Hashimoto from this action without prejudice, pursuant to Fed. R. Civ. P. 41. (Yin, K)

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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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-o0o11
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MICHAEL GRESS,
Plaintiff,

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vs.
Dr. CHRISTOPHER SMITH, et al.,
Defendants.
__________________________________

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Case No. 2:13-cv-00328 TLN KJN P
JOINT STIPULATION FOR VOLUNTARY
DISMISSAL OF DEFENDANTS MARY
CHASE AND WESLEY HASHIMOTO
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
respective counsel of record, hereby requests dismissal of only Defendants Mary Chase and Wesley
Hashimoto without prejudice. Defendants Mary Chase and Wesley Hashimoto by and through their
counsel of record, hereby stipulates to Plaintiff’s request. Defendants have agreed to waive all of
Defendant Chase and Defendant Hashimoto’s fees and costs in exchange for their dismissal.
Accordingly, the Parties hereby Stipulate and Agree that Defendant Chase and Defendant
Hashimoto be dismissed without prejudice and for waiver of fees and cost for Defendant Chase and
Defendant Hashimoto, pursuant to Federal Rule of Civil Procedure 41.

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Dated: February 17, 2015

DAUGHERTY & DAUGHERTY

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By:/s/ Ryan M. Daugherty____

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RYAN M. DAUGHERTY
Attorney for Plaintiff
Michael Gress

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ATTORNEY GENERAL’S OFFICE

Dated: February 17, 2015

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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 Defendants and

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Mary Chase and Wesley Hashimoto, wherein the parties stipulate and agree that Defendant Chase

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and Defendant Hashimoto be dismissed from this action without prejudice in exchange for a waiver

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of fees and costs, and good cause appearing:

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IT IS HEREBY ORDERED that Defendant Chase and Defendant Hashimoto are dismissed

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

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Dated: February 18, 2015

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/gres0328.stipdsm