Kimball v. TD Retail Card Services et al

Filing 16

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/9/2019 DISMISSING, with prejudice, all claims against Defendant TD Bank, N.A. (incorrectly named as TD Retail Card Services). Plaintiff and TDCRS shall each bear their own costs and attorneys' fees, and this case shall proceed on Plaintiff's remaining claims. (Huang, H)

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1 2 3 4 5 6 7 C.O. LAW, APC Clark Ovruchesky, Esq. (SBN: 301844) co@colawcalifornia.com 2404 Broadway, Suite 150 San Diego, CA 92102 Telephone: (619) 356-8960 Facsimile: (619) 330-7610 Attorneys for Plaintiff, Diane Kimball UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 DIANE KIMBALL, 11 12 Plaintiff, 13 v. 14 15 16 17 Defendants. 19 21 22 STIPULATION AND ORDER OF DISMISSAL AS TO DEFENDANT TD RETAIL CARD SERVICES TD RETAIL CARD SERVICES, FURNISH 123, EXPERIAN INFORMATION SOLUTIONS, INC., and EQUIFAX INFORMATION SERVICES LLC, 18 20 Case No.: 19-CV-00554-MCE-CKD /// /// 23 /// 24 /// 25 26 27 /// /// 28 STIPULATION AND ORDER OF DISMISSAL PAGE 1 OF 3 1 2 3 Plaintiff Diane Kimball (hereinafter “Plaintiff”) and Defendant TD Bank, N.A. (incorrectly named as “TD RETAIL CARD SERVICES” (“TDRCS”) (jointly hereinafter referred to as “the Parties”), hereby stipulate to dismiss Defendant 4 5 6 TDRCS from the above-entitled action, with prejudice, with each party to bear its own costs and attorneys’ fees. 7 8 9 Dated: October 8, 2019 Respectfully submitted, C.O. LAW, APC 10 11 By: /s/ Clark Ovruchesky Clark Ovruchesky ATTORNEYS FOR PLAINTIFF 12 13 14 DUANE MORRIS 15 16 By: /s Terrance J. Evans TERRANCE J. EVANS, ESQ. ATTORNEY FOR TDRCS 17 18 19 SIGNATURE CERTIFICATION 20 23 Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual, I hereby certify that the content of this document is acceptable to all defense counsels listed above, and that I have obtained their authorizations to affix their electronic signatures to this document. 24 Dated: October 8, 2019 21 22 25 C.O. LAW, APC By: 26 27 /s/ Clark Ovruchesky Clark Ovruchesky ATTORNEYS FOR PLAINTIFF 28 STIPULATION AND ORDER OF DISMISSAL PAGE 2 OF 3 1 ORDER 2 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that all 3 claims of Plaintiff Diane Kimball (“Plaintiff”) against Defendant TD Bank, N.A. 4 (incorrectly named as “TD RETAIL CARD SERVICES” (“TDRCS”)) are 5 dismissed, with prejudice. Plaintiff and TDCRS shall each bear their own costs 6 and attorneys’ fees, and this case shall proceed on Plaintiff’s remaining claims. 7 8 IT IS SO ORDERED. Dated: October 9, 2019 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER OF DISMISSAL PAGE 3 OF 3

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