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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M. Anderson Berry, (SBN 262879)
[e-mail]
Gregory Haroutunian (SBN 330263)
[e-mail]
CLAYEO C. ARNOLD,
A PROFESSIONAL CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Cliff Palefsky, (SBN 77683)
[e-mail]
Matthew C. Koski, (SBN 262803)
[e-mail]
McGuinn, Hillsman & Palefsky
535 Pacific Avenue
San Francisco, California 94133
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Scott Swift

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Swift,

Case No. 2:20-cv-00731-MCE-DB

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Plaintiff,

PARTIES’ JOINT STIPULATION FOR
DISMISSAL WITH PREJUDICE AND
ORDER

Defendant.

Judge:

v.
ClearCaptions, LLC,

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Hon. Morrison C. England, Jr.

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2:20-cv-00731-MCE-DB

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JOINT STIPULATION FOR
DISMISSAL WITH PREJUDICE AND
ORDER

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Pursuant to Federal Rule of Civil Procedure (“FRCP”) 41(a)(1)(A)(ii), Plaintiff Scott Swift

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(“Plaintiff”) and Defendant ClearCaptions, LLC (“ClearCaptions”) (collectively the “Parties”), by

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and through their respective counsel of record, hereby stipulate as follows:

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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);

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WHEREAS FRCP 41(a)(1)(A) and (a)(1)(A)(ii) together state that “the plaintiff may

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dismiss an action without a court order by filing” . . . “a stipulation of dismissal signed by all parties

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who have appeared”;

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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;

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WHEREAS, the Parties have conferred, and agreed to bear their respective fees and costs

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in this matter, and Defendant has agreed to waive any and all collectible costs and attorneys’ fees

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in this matter in exchange for Plaintiff’s dismissal of the action with prejudice;

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THEREFORE, the Parties, through their respective counsel do hereby stipulate that,

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pursuant to the aforementioned Federal Rule(s) of Civil Procedure and the terms outlined above,

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this action be and hereby is dismissed with prejudice.

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IT IS SO STIPULATED.

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2:20-cv-00731-MCE-DB

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JOINT STIPULATION FOR
DISMISSAL WITH PREJUDICE AND
ORDER

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Dated: April 29, 2024

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CLAYEO C. ARNOLD,
A PROFESSIONAL CORPORATION
McGuinn, Hillsman & Palefsky

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By: /s/ Matthew C. Koski

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M. Anderson Berry
Matthew C. Koski
Attorneys for Plaintiff Scott Swift

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Dated: April 29, 2024

MORGAN, LEWIS & BOCKIUS LLP

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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

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(as authorized on April 29, 2024)

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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.

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/s/ Matthew C. Koski
Matthew C. Koski

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2:20-cv-00731-MCE-DB

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JOINT STIPULATION FOR
DISMISSAL WITH PREJUDICE AND
ORDER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Swift,

Case No. 2:20-cv-00731-MCE-DB
Plaintiff,

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[PROPOSED] ORDER OF DISMISSAL

v.
ClearCaptions, LLC,

Judge:

Hon. Morrison C. England, Jr.

Defendant.

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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.

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Date: May 9, 2024

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2:20-cv-00731-MCE-DB

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ORDER