Westbrook v. Ball Metal Beverage Container Corp.
Filing
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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: (415) 433-0444
Facsimile:
(415) 433-0449
Email:
catherine@cartwrightlaw.com
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Attorneys for Plaintiff GEORGE WESTBROOK
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Jason A. Geller [SBN 168149]
Email: jgeller@fisherphillips.com
Annie Lau [SBN 302438]
Email: alau@fisherphillips.com
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, CA 94111
Tel: (415) 490-9000
Fax: (415) 490-9001
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Katherine Sandberg [SBN 301117]
Email: ksandberg@fisherphillips.com
FISHER & PHILLIPS LLP
621 Capitol Mall, Suite 1400
Sacramento, CA 95814
Tel: (916) 440-0865
Fax: (916) 440-0993
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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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Page 3
STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL OF INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS CAUSE OF ACTION
FPDOCS 33369174.1
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