Bruno v. Equifax Credit Information Services, LLC, et al.

Filing 62

STIPULATION and ORDER #61 signed by Senior Judge William B. Shubb on 5/31/2017 dismissing defendant American Marketing and Mailing Services, Inc. without prejudice. (Kirksey Smith, K)

Joseph S. Messer (IL: 6200036)
1 Messer Strickler, Ltd.
225 W. Washington, Suite 575
2 Chicago, IL 60606
312-334-3440 (Phone)
3 312-334-3473 (Fax)
[e-mail]
4 Pro Hac Vice
5 James Louis Kohl (SBN: 120808)
795 Folsom Street, First Floor
6 San Francisco, California 94107
[phone] (Phone)
7 [phone] (Fax)
[e-mail]
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Attorneys for Plaintiffs
9 DANIEL BRUNO, individually and on behalf of
others similarly situated
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANIEL BRUNO, Individually and on behalf
13 of others similarly situated,
Plaintiffs,

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vs.

16 EQUIFAX INFORMATION SERVICES,
LLC; GENEVA FINANCIAL SERVICES,
17 LLC; RMB WORLD ENTERPRISES, LLC
d/b/a DECISION LINKS; B.B. DIRECT,
18 INC.; GENESIS MARKETING GROUP,
INC. d/b/a HITMAN DIRECT; AMERICAN
19 MARKETING AND MAILING SERVICES,
INC.; STRATEGIC MARKING SERVICES,
20 LLC.

Case No. 2:17-cv-00327-WBS-EFB
STIPULATION BETWEEN PLAINTIFF
AND DEFENDANT AMERICAN
MARKETING AND MAILING
SERVICES, INC.; and ORDER
DISMISSING AMERICAN MARKETING
AND MAILING WITHOUT PREJUDICE

Defendants.

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STIPULATION

BETWEEN

PLAINTIFF

AND

DEFENDANT

AMERICAN

MARKETING AND MAILING SERVICES, INC.
Plaintiff Daniel Bruno (“Plaintiff”) and defendant American Marketing and Mailing
Services, Inc. (“American”) hereby stipulate as follows:

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WHEREAS, on February 15, 2017, Plaintiff filed the instant action;
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NOTICE OF VOLUNTARY DISMISSAL

2:17-CV-00327-WBS-EFB

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WHEREAS, on or around, March 15, 2017, Plaintiff and co-defendants Equifax

2 Information Services, LLC , Geneva Financial Services, LLC, and American entered into a
3 stipulation extending their deadline to respond to the Complaint by 28 days, until April 12, 2017;
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WHEREAS, on or around April 12, 2017, Defendant American filed its Answer to
Complaint with Affirmative Defenses;
WHEREAS on or about May 3, 2017, Plaintiff filed a motion to strike American's
Affirmative Defenses;
WHEREAS on or about May 30, 2017, Plaintiff and American stipulated to reschedule the
motion to strike American's Affirmative Defenses.

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WHEREAS, Plaintiff and American agree to dismiss American from the action;
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WHEREFORE, Plaintiff and American stipulate as follows:
1. Defendant, American Marketing and Mailing Services, Inc. is dismissed without

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prejudice.
2. This stipulation is without prejudice to the rights, claims, arguments and defenses

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of all parties.

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IT IS SO STIPULATED BY:

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17 Dated: May 31, 2017
18 By: /s/ James Louis Kohl, Esq.
James Louis Kohl, Esq., (SBN: 120808)
19 795 Folsom Street, First Floor
San Francisco, CA 94107
20 [phone]/ FAX [phone]
21 [e-mail]

By: /s/ Curtis E. Smolar
Curtis E. Smolar (SBN: 194700)
One Embarcadero Center, Suite 2860
San Francisco, CA 94111
415-268-8000
[e-mail]

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Pursuant to the parties’ stipulation, IT IS SO ORDERED:

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The complaint against American, in its entirety, is hereby dismissed without prejudice.

26 Dated: May 31, 2017
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STIPULATION

2:17-CV-00327-WBS-EFB

Joseph S. Messer (IL: 6200036)
1 Messer Strickler, Ltd.
225 W. Washington, Suite 575
2 Chicago, IL 60606
312-334-3440 (Phone)
3 312-334-3473 (Fax)
[e-mail]
4 Pro Hac Vice
5 James Louis Kohl (SBN: 120808)
795 Folsom Street, First Floor
6 San Francisco, California 94107
[phone] (Phone)
7 [phone] (Fax)
[e-mail]
8
Attorneys for Plaintiffs
9 DANIEL BRUNO, individually and on behalf of
others similarly situated
10
UNITED STATES DISTRICT COURT
11
EASTERN DISTRICT OF CALIFORNIA
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13 DANIEL BRUNO, Individually and
on behalf of others similarly situated
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Plaintiffs,
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vs.
16 EQUIFAX INFORMATION
SERICES, LLC; GENEVA
17 FINANCIAL SERVICES, LLC;
RMB WORLD ENTERPRISES, LLC d/b/a
18 DECISION LINKS; B.B. DIRECT, INC.;
GENESIS MARKETING GROUP, INC.
19 d/b/a HITMAN DIRECT; AMERICAN
MARKETING AND MAILING
20 SERVICES, INC.; STRATEGIC
MARKETING SERVICES, LLC.
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Defendants.
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) CASE NO. 2:17-cv-00327-WBS-EFB
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) PROOF OF SERVICE OF STIPULATION
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I am a citizen of the United States and a resident of the State of California. I am over the

24 age of eighteen years, and not a party to the within action. My business address is 795 Folsom
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Street, First Floor, San Francisco, California 94107, I served via the CM/ECF system the

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documents described below:
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STIPULATION OF PLAINTIFF AND AMERICAN MARKETING AND MAILING
2:17-CV-00327-WBS-EFB
PROOF OF SERVICE

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SERVICES, INC.

2 by Notice of Electronic Filing, which is a notice generated by the CM/ECF system at the time the
3 documents listed above were filed with the Court, to all counsel listed by CM/ECF as
4 “ATTORNEY TO BE NOTICED.”
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6 I declare under penalty of perjury under the laws of the State of California that the above is true
7 and correct.
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Dated: May 31, 2017

Respectfully submitted,

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By: /s/ James L. Kohl, Esq.
James Louis Kohl, Esq., SBN: 120808
795 Folsom Street, First Floor
San Francisco, California 94107
[phone]/ FAX [phone]
[e-mail]

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PROOF OF SERVICE

2:17-CV-00327-WBS-EFB