Toll Brothers, Inc v. Lin et al

Filing 98

STIPULATION AND ORDER Withdrawl of Jury Demand. Signed by Judge Samuel Conti on 2/5/09. (tdm, COURT STAFF) (Filed on 2/5/2009) Modified on 2/5/2009 (tdm, COURT STAFF).

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KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Donald J. Putterman (SBN 90822) E-Mail: [e-mail] Christopher J. McNamara (SBN 209205) E-Mail: [e-mail] Margaret A. Ziemianek (SBN 233418) E-Mail: [e-mail] 101 California Street, Suite 2050 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] TIMOTHY J. HOBAN (SBN 192461) Regional Counsel Toll Brothers, Inc. 725 Town & Country Road, Suite 500 Orange, California 92688 Telephone: [phone] Attorneys for Plaintiff and Counter-Defendant TOLL BROTHERS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TOLL BROTHERS, INC., Plaintiff, vs. CHANG SU-O LIN; HONG LIEN LIN; HONG YAO LIN, Defendants. Case No. 08-cv-00987 SC STIPULATION TO WITHDRAW DEFENDANTS' JURY DEMAND

20 21 22 23 Pursuant to Federal Rules of Civil Procedure Rules 38(d) and 39(a)(1), the Parties, _____________________________________ AND RELATED CROSS-ACTION.

24 Plaintiff Toll Brothers, Inc. ("Toll") and Defendants Chang Su-O Lin, Hong Lien Lin, and Hong 25 Yao Lin (the "Lins") stipulate to the withdrawal of the Lins' Demand for a Jury Trial and to the 26 trial of all issues by the Court. 27 28
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Stipulation to Withdraw Jury Demand; Case No. 08-cv-00987 SC 8020476

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: February 4, 2009 Court. IT IS SO STIPULATED. DATED: February 4, 2009

STIPULATION WHEREAS the Lins filed a Demand for a Jury Trial; WHEREAS the Lins seek to withdraw their Demand for a Jury Trial; and WHEREAS Toll consents to the Lins' withdrawal of their Demand for a Jury Trial; IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto and their respective undersigned attorneys, as follows: The Lins' Demand for a Jury Trial is withdrawn and all issues are to be tried by the

KASOWITZ BENSON TORRES & FRIEDMAN LLP By: /s/ Christopher J. McNamara Christopher J. McNamara Attorneys for Plaintiff TOLL BROTHERS, INC.

MCNICHOLS BEERS LLP By: /s/ Everitt Beers Everitt Beers Attorneys for Defendants

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

5 DATED: February ____, 2009
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Stipulation to Withdraw Jury Demand; Case No. 08-cv-00987 SC 8020476

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