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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1 2 3 4 5 DONALD H. HELLER, SBN 55717 DONALD H. HELLER, A Law Corporation 3638 American River Drive Sacramento, CA 95864 Tel: (916) 974-3500 Fax: (916) 520-3497 E-mail: 6 7 8 ATTORNEYS FOR PLAINTIFF BRIAN STOLLER 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISCTRICT OF CALIFORNIA 11 12 BRIAN STOLLER, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. 28 1 Dismissal with Prejudice and Retraxit CASE NO. 2:13-cv-01216-MCE-DAD 1 Dated: September 10, 2014 /s/ Donald H. Heller DONALD H. HELLER A Law Corporation 2 3 4 5 Dated: September 10, 2014 NANCY SHEEHAN Porter Scott, PC 6 7 8 /s/ Nancy Sheehan Dated: September 10, 2014 Alden John Parker ALDEN JOHN PARKER Weintraub Tobin Chediak Coleman Grodin Law Corporation 9 10 11 12 13 ORDER Pursuant to the parties’ joint stipulation (ECF No. 33) and Federal Rule of 14 Civil Procedure 41, this case is DISMISSED with prejudice in its entirety. The Clerk of 15 the Court is directed to CLOSE this case. 16 17 IT IS SO ORDERED. Dated: October 14, 2014 18 19 20 21 22 23 24 25 26 27 28 2 Dismissal with Prejudice and Retraxit CASE NO. 2:13-cv-01216-MCE-DAD

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