Konkle v. Aerotek, Inc.

Filing 13

ORDER signed by Chief Judge Morrison C. England, Jr. on 10/22/2015 DISMISSING CASE with prejudice; pursuant to FRCP 41(a). CASE CLOSED (Reader, L)

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1 2 3 4 BENJAMIN L. WEBSTER, Bar No. 132230 KELSEY E. PAPST, Bar No. 270547 LITTLER MENDELSON, P.C. 500 Capitol Mall Suite 2000 Sacramento, CA 95814 Telephone: 916.830.7200 Fax No.: 916.561.0828 5 6 Attorneys for Defendant AEROTEK, INC., A MARYLAND CORPORATION 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SHIRLEY KONKLE, an individual, 11 12 13 Case No. 2:13-CV-01905-MCE-DAD Plaintiff, v. AEROTEK, INC., a Maryland Corporation, STIPULATION AND ORDER TO DISMISS ACTION PURSUANT TO RULE 41(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE 14 Defendant. 15 16 Plaintiff SHIRLEY KONKLE (“Plaintiff”) and Defendant AEROTEK, INC., a 17 Maryland Corporation (“Defendant”) (collectively, the “Parties”), by and through their counsel, do 18 hereby stipulate and agree as follows: 19 WHEREAS, on July 16, 2013, Plaintiff filed the Complaint in the above-captioned 20 matter against Defendant in the Superior Court of California for the County of Sacramento, Case No. 21 34-2013-00148247; and 22 WHEREAS, on September 13, 2013, Defendant removed this action to the United 23 States District Court for the Eastern District of California, Case No. 2:13-cv-01905-MCE-DAD, 24 pursuant to diversity jurisdiction under 28 U.S.C. § 1332; and 25 WHEREAS, the Parties have entered into a Confidential Settlement Agreement and 26 Release of All Claims, effectuating a resolution of this dispute; and 27 WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a), the Parties agree that 28 STIPULATION AND ORDER TO DISMISS ACTION PURSUANT TO RULE 41(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE 1 this case can and should be dismissed, with prejudice. 2 THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the above- 3 captioned matter shall be dismissed, with prejudice. Defendant shall bear its own fees and costs in 4 connection with the proceedings before this Court, and Plaintiff shall bear her own fees and costs in 5 connection with the proceedings before this Court. 6 SO STIPULATED. 7 8 Dated: October 21, 2015 LITTLER MENDELSON, P.C. 9 10 /s/ Benjamin L. Webster BENJAMIN L. WEBSTER KELSEY E. PAPST Attorneys for Defendant AEROTEK, INC., A MARYLAND CORPORATION 11 12 13 14 15 Dated: October 21, 2015 16 /s/ R. Jeremy Adamson R. JEREMY ADAMSON Attorney for Plaintiff SHIRLEY KONKLE 17 18 19 20 21 22 23 KUNZLER LAW GROUP ORDER Pursuant to the foregoing stipulation and Rule 41(a) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that Plaintiff’s Complaint is DISMISSED with prejudice. IT IS SO ORDERED. Dated: October 22, 2015 24 25 26 27 28 2. STIPULATION AND ORDER TO DISMISS ACTION PURSUANT TO RULE 41(A) OF THE FEDERAL RULES OF CIVIL PROCEDURE

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