Lewis v. The CCPOA Benefit Trust Fund

Filing 113

STIPULATION AND ORDER DISMISSING DEFENDANT CCPOA and withdrawing its Motion to Dismiss, doc #109 re doc 112 filed by Ken Lewis. Signed by Judge Vaughn R Walker on 12/28/2009. (cgk, COURT STAFF) (Filed on 12/28/2009)

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PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery Street, 31st Floor San Francisco, CA 94111

Terrence J. Coleman (State Bar No. 172183) Brian H. Kim (State Bar No. 215492) PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery St., 31st Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiff KEN LEWIS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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-1STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION Case No. CV 08-03228 VRW

KEN LEWIS, Plaintiff, v. CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION; CCPOA BENEFIT TRUST FUND; THE CCPOAS BENEFIT TRUST FUND HEALTH AND WELFARE PLAN and DOES 1 through 20, inclusive, Defendants.

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Case No. C 08-3228 VRW STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION

IT IS HEREBY STIPULATED by and between Plaintiff KEN LEWIS and Defendant The CALIFORNIA CORRECTIONAL PEACE OFFICER ASSOCIATION ("CCPOA"), through their respective counsel, that; 1. 2. Plaintiff dismisses with prejudice Defendant CCPOA from this action; In exchange for Plaintiff's dismissal of CCPOA as a party in this action,

Defendant CCPOA withdraws its Motion to Dismiss (Doc. #109) set for hearing before this Court on February 11, 2010. CCPOA also waives all rights to seek any recovery against

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PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery Street, 31st Floor San Francisco, CA 94111

Plaintiff for any attorney's fees and costs incurred by CCPOA in this action, including but not limited to fees and costs incurred relating to CCPOA's Motion to Dismiss. Dated: December 22, 2009 PILLSBURY & LEVINSON, LLP

By:__/s/ Brian H. Kim____________ Brian H. Kim Attorneys for Plaintiff KEN LEWIS Dated: December 22, 2009_______ CARROLL, BURDICK & McDONOUGH LLP

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12/28/2009 DATED: __________________

By:__/s/ Jonathan Yank___________ Jonathan Yank Attorneys for Defendant CALIFORNIA CORRECTIONAL PEACE OFFICERS' ASSOCIATION

ORDER Per the parties' stipulation, IT IS SO ORDERED.ES T

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-2STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION Case No. CV 08-03228 VRW

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________________________________________ ERED OWALKER OR. RD HON. VAUGHN IT IS S UNITED STATES DISTRICT JUDGE

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