Berger et al v. Seyfarth Shaw, LLP et al

Filing 157

ORDER GRANTING 156 Stipulation of Dismissal. Signed by Judge Jeffrey S. White on 10/13/09. (jjo, COURT STAFF) (Filed on 10/13/2009)

Case3:07-cv-05279-JSW Document156

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RICHARD J. IDELL (SBN 069033) ORY SANDEL (SBN 233204) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys Specially Appearing for Plaintiffs Richard W. Berger and Brant W. Berger DANIEL EDWARD PURCELL (SBN 191424) KEKER & VAN NEST LLP 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Seyfarth Shaw LLP and Jack L. Slobodin DOUGLAS B. ALLEN (SBN 099239) BURNETT, BURNETT & ALLEN 333 West Santa Clara Street, 8th Floor San Jose, CA 95110 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Burnett, Burnett & Allen and Douglas B. Allen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICHARD W. BERGER and BRANT W. BERGER, Plaintiffs, vs. Case No.: 07-cv-05279-JSW STIPULATION RE: DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON

[Fed. R. Civ. P., Rule 41] SEYFARTH SHAW LLP, an Illinois limited liability partnership; JACK L. SLOBODIN, an Honorable Judge Jeffrey S. White, Presiding individual; BURNETT, BURNETT & ALLEN, a (E-Filing) California partnership; DOUGLAS B. ALLEN, an individual; and DOES 1-100, inclusive, Defendants. Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiffs Richard W. Berger and
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Brant W. Berger ("Plaintiffs"), on the one hand, and Defendants Seyfarth Shaw LLP, Jack L. Slobodin, Burnett, Burnett & Allen and Douglas B. Allen (collectively "Defendants"), on the other hand, hereby stipulate as follows: WHEREAS, on or about August 3, 2009, the parties in this action entered into a settlement agreement; and WHEREAS, Plaintiffs and Defendants agree that this action can be dismissed with prejudice; and WHEREAS, Plaintiffs and Defendants agree that each party shall bear its own attorneys' fees and costs incurred in this action; and WHEREAS, Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that the plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared; NOW THEREFORE, Plaintiff and Defendants, by and through their respective undersigned counsel, hereby stipulate as follows: 1.0 2.0 This action shall be dismissed with prejudice. Each party to this action shall bear its own attorneys' fees and costs incurred in this action. 3.0 4.0 This Stipulation shall be presented to the Court for an Order thereon. Nothing in this Stipulation shall constitute a dismissal or release of claims between Plaintiffs, on the one hand, and Beck, Ross, Bismonte & Finley, LLP, or any lawyer in that firm, on the other hand, all of which claims are fully reserved. Dated: October 12, 2009 By: /s/ Richard W. Berger Richard W. Berger Plaintiff /s/ Brant W. Berger Brant W. Berger Plaintiff

Dated: October 12, 2009

By:

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 12, 2009 By: BURNETT, BURNETT & ALLEN /s/ Douglas B. Allen Douglas B. Allen Attorneys for Defendants Burnett, Burnett & Allen and Douglas B. Allen Dated: October 12, 2009 By: KEKER & VAN NEST LLP /s/ Daniel E. Purcell Daniel E. Purcell Attorneys for Defendants Seyfarth Shaw LLP and Jack L. Slobodin

[PROPOSED] ORDER The Stipulation of the parties for dismissal of the above action having been filed by the parties pursuant to a settlement of the action and good cause appearing therefor, the Court makes the following order: IT IS HEREBY ORDERED that the above action is dismissed with prejudice, each party to bear their own costs and fees. Nothing in this order of dismissal shall be deemed to release or dismiss claims between Plaintiffs, on the one hand, and Beck, Ross, Bismonte and Finley, LLP, or any lawyer in that firm, on the other hand, all of which claims are fully reserved. Dated: October 13, 2009 By: Hon. Jeffrey S. White Judge of the United States District Court Northern District of California

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