Swift v. ClearCaptions, LLC, et al.,

Filing 53

STIPULATION and ORDER signed by Senior District Judge Morrison C. England, Jr., on 5/9/24 DISMISSING this action with prejudice. CASE CLOSED(Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 M. Anderson Berry, (SBN 262879) aberry@justice4you.com Gregory Haroutunian (SBN 330263) gharoutunian@justice4you.com CLAYEO C. ARNOLD, A PROFESSIONAL CORPORATION 865 Howe Avenue Sacramento, CA 95825 Telephone: (916) 239-4778 Facsimile: (916) 924-1829 Cliff Palefsky, (SBN 77683) cpalefsky@mhpsf.com Matthew C. Koski, (SBN 262803) mkoski@mhpsf.com McGuinn, Hillsman & Palefsky 535 Pacific Avenue San Francisco, California 94133 Telephone: (415) 421-9292 Facsimile: (415) 403-0202 Attorneys for Plaintiff Scott Swift 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 Scott Swift, Case No. 2:20-cv-00731-MCE-DB 17 18 19 Plaintiff, PARTIES’ JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER Defendant. Judge: v. ClearCaptions, LLC, 20 Hon. Morrison C. England, Jr. 21 22 23 24 25 26 27 28 2:20-cv-00731-MCE-DB 1 JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER 1 Pursuant to Federal Rule of Civil Procedure (“FRCP”) 41(a)(1)(A)(ii), Plaintiff Scott Swift 2 (“Plaintiff”) and Defendant ClearCaptions, LLC (“ClearCaptions”) (collectively the “Parties”), by 3 and through their respective counsel of record, hereby stipulate as follows: 4 5 6 7 8 9 WHEREAS, on February 29, 2024, this Court granted ClearCaptions’ Motion to Dismiss Plaintiff’s First Amended Complaint with leave to amend within twenty days (Dkt. 46); WHEREAS, on March 20, 2024, Plaintiff filed the Second Amended Complaint (Dkt. 47) and served ClearCaptions with the Second Amended Complaint; WHEREAS, on March 29, 2024, the Parties filed a Joint Stipulation to Extend the Time for Defendant to file its Response to the Second Amended Complaint to May 1, 2024 (Dkt. 48); 10 WHEREAS FRCP 41(a)(1)(A) and (a)(1)(A)(ii) together state that “the plaintiff may 11 dismiss an action without a court order by filing” . . . “a stipulation of dismissal signed by all parties 12 who have appeared”; 13 14 WHEREAS, Plaintiff wishes to dismiss this action with prejudice in exchange for a waiver of any and all collectible costs and attorneys’ fees by the Defendant; 15 WHEREAS, the Parties have conferred, and agreed to bear their respective fees and costs 16 in this matter, and Defendant has agreed to waive any and all collectible costs and attorneys’ fees 17 in this matter in exchange for Plaintiff’s dismissal of the action with prejudice; 18 THEREFORE, the Parties, through their respective counsel do hereby stipulate that, 19 pursuant to the aforementioned Federal Rule(s) of Civil Procedure and the terms outlined above, 20 this action be and hereby is dismissed with prejudice. 21 IT IS SO STIPULATED. 22 23 24 25 26 27 28 2:20-cv-00731-MCE-DB 2 JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER 1 Dated: April 29, 2024 2 CLAYEO C. ARNOLD, A PROFESSIONAL CORPORATION McGuinn, Hillsman & Palefsky 3 4 By: /s/ Matthew C. Koski 5 M. Anderson Berry Matthew C. Koski Attorneys for Plaintiff Scott Swift 6 7 8 9 Dated: April 29, 2024 MORGAN, LEWIS & BOCKIUS LLP 10 11 By: /s/ Joseph E. Floren Joseph E. Floren Douglas W. Baruch (pro hac vice) Jennifer M. Wollenberg (pro hac vice) Lindsey T. Levy (pro hac vice) Attorneys for Defendant ClearCaptions, LLC 12 13 14 (as authorized on April 29, 2024) 15 16 17 18 19 20 Local Rule 131(e) Certification Pursuant to Local Rule 131(e), the filer of this document attests that concurrence in the filing has been obtained from each of the other signatories. 21 /s/ Matthew C. Koski Matthew C. Koski 22 23 24 25 26 27 28 2:20-cv-00731-MCE-DB 3 JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE AND ORDER 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Scott Swift, Case No. 2:20-cv-00731-MCE-DB Plaintiff, 13 14 15 [PROPOSED] ORDER OF DISMISSAL v. ClearCaptions, LLC, Judge: Hon. Morrison C. England, Jr. Defendant. 16 17 18 19 20 21 22 ORDER OF DISMISSAL Pursuant to the stipulation of the parties under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) (Dkt. No. 49), IT IS ORDERED THAT THIS ACTION BE, AND HEREBY IS, DISMISSED WITH PREJUDICE as to all claims, causes of action, and parties, with each party bearing that party’s own attorney’s fees and costs. The Clerk is directed to close the file. IT IS SO ORDERED. 23 24 Date: May 9, 2024 25 26 27 28 2:20-cv-00731-MCE-DB 4 ORDER

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