Westbrook v. Ball Metal Beverage Container Corp.

Filing 11

STIPULATION and ORDER dismissing Intentional Infliction of Emotional Distress Cause of Action 10 signed by Senior Judge William B. Shubb on 10/25/2017. (Kirksey Smith, K)

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MAURICE FITZGERALD (SBN: 149712)
CATHERINE TRAN (SBN: 309201)
The Cartwright Law Firm, Inc.
222 Front Street, Fifth Floor
San Francisco, CA 94111
Phone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiff GEORGE WESTBROOK
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Jason A. Geller [SBN 168149]
Email: [e-mail]
Annie Lau [SBN 302438]
Email: [e-mail]
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Katherine Sandberg [SBN 301117]
Email: [e-mail]
FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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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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GEORGE WESTBROOK
Plaintiff

Case No. 2:16-CV-01569-WBS-CKD
[Removed from Solano County Superior Court,
Civil Case No. FCS047162]

v.
BALL METAL BEVERAGE CORP., a Colorado
corporation; and DOES 1 through 100, inclusive;

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Defendants.

STIPULATION AND [PROPOSED] ORDER
FOR VOLUNTARY DISMISSAL OF
INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS CAUSE OF
ACTION

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Page 1
STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS CAUSE OF ACTION
FPDOCS 33369174.1

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STIPULATION

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Pursuant to Fed. R. Civ. P. 41(a)(1), the parties, by and through their counsel of record request

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the Court dismiss Plaintiff’s claim for Intentional Infliction of Emotional Distress with prejudice and

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without costs to any party.

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DATED: October 25, 2017

THE CARTWRIGHT LAW FIRM, INC.

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By: /s/ Maurice Fitzgerald
MAURICE FITZGERALD
CATHERINE TRAN
Attorneys for Plaintiff GEORGE WESTBROOK

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DATED: October 25, 2017

FISHER & PHILLIPS LLP

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By: /s/ Katherine P. Sandberg
JASON GELLER
ANNIE LAU
KATHERINE P. SANDBERG
Attorneys for Defendant BALL METAL
BEVERAGE CORP.

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ORDER
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Based upon the foregoing stipulation of the parties, it is hereby:
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ORDERED that Plaintiff’s claim for Intentional Infliction of Emotional Distress in the abovecaptioned matter be dismissed with prejudice as to all parties without attorney’s fees or costs to any

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party.
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Dated: October 25, 2017
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STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS CAUSE OF ACTION
FPDOCS 33369174.1

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CERTIFICATE OF SERVICE
I, the undersigned, am employed in the County of Sacramento, State of California. I am over the
age of 18 and not a party to the within action; am employed with the law offices of Fisher & Phillips
LLP and my business address is 621 Capitol Mall, Suite 1400, Sacramento, CA 95814.

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On October 24, 2017, I served the foregoing document entitled STIPULATION AND
[PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS CAUSE OF ACTION, on all the appearing and/or interested parties in
this action as follows:

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Robert E. Cartwright, Jr.
Maurice Fitzgerald
The Cartwright Law Firm, Inc.
222 Front Street, Fifth Floor
San Francisco, CA 94111

Counsel for Plaintiff
T:
F:

415-433-0444
415-433-0449

[by ELECTRONIC SUBMISSION] - I served the above listed document(s) described via the
United States District Court’s Electronic Filing Program on the designated recipients via electronic
transmission through the CM/ECF system on the Court’s website. The Court’s CM/ECF system will
generate a Notice of Electronic Filing (NEF) to the filing party, the assigned judge, and any registered
users in the case. The NEF will constitute service of the document(s). Registration as a CM/ECF user
constitutes consent to electronic service through the court’s transmission facilities.
FEDERAL - I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made.
Executed on October 24, 2017, at Sacramento, California.
Alicia P. Malerbi
Print Name

By:

/s/ Alicia P. Malerbi
Signature

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STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS CAUSE OF ACTION
FPDOCS 33369174.1