FedEx Ground Package System, Inc. v. Raphael et al

Filing 36

STIPULATION and ORDER 35 for Dismissal signed by District Judge Troy L. Nunley on 9/16/2015. District Attorney defendants Michael Ramos, Jan Scully / Anne Marie Schubert, Bonnie M. Dumanis, and Jackie Lacey are DISMISSED with prejudice. Each side to bear its own fees and costs. (Marciel, M)

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JASON W. NORRIS (Pro Hac Vice)
FEDEX GROUND PACKAGE SYSTEM, INC.
1000 FedEx Drive
Moon Township, PA 15108
Telephone: [phone]
Facsimile: [phone]

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KENNETH D. SANSOM (Pro Hac Vice)
WILLIAM T. PAULK (Pro Hac Vice)
SPOTSWOOD SANSOM & SANSBURY LLC
1819 Fifth Avenue North, Suite 1050
Birmingham, Alabama 35203
Telephone: [phone]
Facsimile: [phone]

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GEOFFREY H. YOST (S.B. #159687)
SARAH STARCEVICH MILLER, (S.B. #264921)
MEGAN HAVSTAD (S.B. #287938)
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
ROBERT S. NICKSIN (S.B. #158430)
O’MELVENY & MYERS LLP
400 South Hope St., 18th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff FEDEX GROUND
PACKAGE SYSTEM, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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FEDEX GROUND PACKAGE SYSTEM,
INC.,
Plaintiff,

Case No. 2:14-CV-01038-TLN-EFB
NOTICE OF SETTLEMENT,
STIPULATED REQUEST FOR
DISMISSAL, AND ORDER OF
DISMISSAL WITH PREJUDICE OF
THE DISTRICT ATTORNEY
DEFENDANTS

v.
MIRIAM BARCELLONA INGENITO, in her
Official Capacity as Director of the California
Department of Toxic Substances Control;
JACKIE LACEY, in her Official Capacity as
the District Attorney for the County of Los
Angeles; BONNIE M. DUMANIS, in her
Official Capacity as the District Attorney for

Judge:

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Hon. Troy L. Nunley

NOTICE OF SETTLEMENT, STIPULATED
REQUEST FOR DISMISSAL, AND ORDER
OF DISMISSAL WITH PREJUDICE OF THE
DISTRICT ATTORNEY DEFENDANTS
CASE NO. 2:14-CV-01038-TLN-EFB

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the County of San Diego; ANNE MARIE
SCHUBERT, in her Official Capacity as the
District Attorney for the County of
Sacramento; and MICHAEL RAMOS, in his
Official Capacity as the District Attorney for
the County of San Bernardino,

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Defendants.
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NOTICE OF SETTLEMENT AND STIPULATED REQUEST FOR DISMISSAL
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WHEREAS, plaintiff FEDEX GROUND PACKAGE SYSTEM, INC. (“FedEx Ground”),
and defendants JACKIE LACEY, in her official capacity as District Attorney for the County of
Los Angeles, BONNIE M. DUMANIS, in her official capacity as District Attorney for the
County of San Diego, ANNE MARIE SCHUBERT, in her official capacity as District Attorney
for the County of Sacramento, and MICHAEL RAMOS, in his official capacity as District
Attorney for the County of San Bernardino (collectively, the “DA Defendants”), have reached a
settlement in the above-entitled action;

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WHEREAS, defendant MIRIAM BARCELLONA INGENITO, in her official capacity as
Director of the California Department of Toxic Substances Control, remains a defendant in this
action;
WHEREFORE, FedEx Ground and the DA Defendants hereby request that the Court
dismiss with prejudice the DA Defendants only from the above-entitled action, each side to bear
its own fees and costs.

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NOTICE OF SETTLEMENT, STIPULATED
REQUEST FOR DISMISSAL, AND ORDER
OF DISMISSAL WITH PREJUDICE OF THE
DISTRICT ATTORNEY DEFENDANTS
CASE NO. 2:14-CV-01038-TLN-EFB

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O’MELVENY & MYERS LLP

Dated: August 20, 2015

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By:

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/s/ Geoffrey H. Yost
Geoffrey H. Yost

Attorneys for Plaintiff FEDEX GROUND
PACKAGE SYSTEM, INC.

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Dated: August _27_, 2015

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By:

/s/
Douglas Scott Whaley

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Attorneys for ANN MARIE SCHUBERT, in
her Official Capacity as the District
Attorney for the County of Sacramento.

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Dated: August_27_, 2015
By:

/s/
Dan Silverman

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Attorneys for MICHAEL RAMOS, in his
Official Capacity as the District Attorney
for the County of San Bernardino.

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Dated: August_27_, 2015
By:

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Karen I. Doty

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Attorneys for BONNIE M. DUMANIS, in her
Official Capacity as the District
Attorney for the County of San Diego.

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/s/

Dated: August_27_, 2015

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By:

/s/
Julia C. Weissman

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Attorneys for JACKIE LACEY, in her Official
Capacity as the District Attorney for
the County of Los Angeles.

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NOTICE OF SETTLEMENT, STIPULATED
REQUEST FOR DISMISSAL, AND ORDER
OF DISMISSAL WITH PREJUDICE OF THE
DISTRICT ATTORNEY DEFENDANTS
CASE NO. 2:14-CV-01038-TLN-EFB

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ORDER

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Pursuant to the foregoing Stipulation, defendants JACKIE LACEY, in her official

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capacity as District Attorney for the County of Los Angeles, BONNIE M. DUMANIS, in her

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official capacity as District Attorney for the County of San Diego, ANNE MARIE SCHUBERT,

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in her official capacity as District Attorney for the County of Sacramento, and MICHAEL

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RAMOS, in his official capacity as District Attorney for the County of San Bernardino, only, are

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hereby dismissed with prejudice, each side to bear its own fees and costs.

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IT IS SO ORDERED.
Dated: September 16, 2015

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Troy L. Nunley
United States District Judge

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NOTICE OF SETTLEMENT, STIPULATED
REQUEST FOR DISMISSAL, AND ORDER
OF DISMISSAL WITH PREJUDICE OF THE
DISTRICT ATTORNEY DEFENDANTS
CASE NO. 2:14-CV-01038-TLN-EFB