Stoller v. RTI Biologics, Inc.

Filing 34

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 10/14/14 ORDERING this case DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 41. CASE CLOSED (Kastilahn, A)

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DONALD H. HELLER, SBN 55717
DONALD H. HELLER,
A Law Corporation
3638 American River Drive
Sacramento, CA 95864
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

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ATTORNEYS FOR PLAINTIFF
BRIAN STOLLER

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISCTRICT OF CALIFORNIA

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BRIAN STOLLER,

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CASE NO. 2:13-cv-01216-MCE-DAD
Plaintiff,

RETRAXIT AND STIPULATION TO
DISMISS ACTION WITH PREJUDICE

vs.
RTI BIOLOGICS, INC., A Florida
Corporation; TIMOTHY P. O’BRIEN,
An Individual,
Defendant.

Plaintiff BRIAN STOLLER, by and through his counsel of record, voluntarily
renunciates all of the allegations contained in the Complaint for Damages filed in this action
on June 18, 2013 [Docket item no. 2]. Plaintiff admits that all of the allegations in the
Complaint against Defendants RTI BIOLOGICS, INC. and TIMOTHY P. O’BRIEN were
baseless, and lacked factual and legal support. In consideration for Defendants’ agreement
to enter into this Stipulation, Plaintiff shall pay to Defendant RTI BIOLOGICS, INC.
reimbursement of attorney’s fees and costs incurred in defending the meritless claims he
asserted against Defendants and each of them.
Based on the agreement set forth above, Plaintiff requests that this action be
dismissed with prejudice in its entirety.

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Dismissal with Prejudice and Retraxit
CASE NO. 2:13-cv-01216-MCE-DAD

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Dated: September 10, 2014

/s/ Donald H. Heller
DONALD H. HELLER
A Law Corporation

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Dated: September 10, 2014

NANCY SHEEHAN
Porter Scott, PC

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/s/ Nancy Sheehan

Dated: September 10, 2014

Alden John Parker
ALDEN JOHN PARKER
Weintraub Tobin Chediak Coleman Grodin
Law Corporation

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ORDER
Pursuant to the parties’ joint stipulation (ECF No. 33) and Federal Rule of

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Civil Procedure 41, this case is DISMISSED with prejudice in its entirety. The Clerk of

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the Court is directed to CLOSE this case.

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IT IS SO ORDERED.
Dated: October 14, 2014

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Dismissal with Prejudice and Retraxit
CASE NO. 2:13-cv-01216-MCE-DAD