Bialla & Associates, Inc. v. Sears Holdings, Inc.

Filing 22

STIPULATION AND ORDER DISMISSING COMPLAINT AND COUNTERCLAIMS WITH PREJUDICE. Signed by Judge Maxine M. Chesney on January 5, 2009. (mmclc2, COURT STAFF) (Filed on 1/5/2009)

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

LAURENCE F. PULGRAM (CSB 115163) [e-mail] JENNIFER L. KELLY (CSB 193416) [e-mail] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and CounterclaimDefendant Bialla & Associates, Inc.

CLEMENT L. GLYNN (NO. 57117) [e-mail] JONATHAN A. ELDREDGE (NO. 238559) [e-mail] GLYNN & FINLEY, LLP 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and CounterclaimPlaintiff Sears Holdings Management Corporation, erroneously sued as Sears Holdings, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BIALLA & ASSOCIATES, INC., Plaintiff, v. SEARS HOLDINGS, INC. AND DOES 1 THROUGH 10, INCLUSIVE, Defendant. AND RELATED COUNTERCLAIMS.

Case No. 08-03529 MMC STIPULATION AND [PROPOSED] ORDER DISMISSING COMPLAINT AND COUNTERCLAIMS WITH PREJUDICE

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STIPULATION AND PROPOSED ORDER DISMISSING ACTION

CASE NO. 08-03529 MMC

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

Pursuant to the Parties' agreement, Plaintiff and Counterclaim-defendant Bialla & Associates, Inc. ("Bialla"), on the one hand, and Defendants and Counterclaim-plaintiff Sears Holdings Management Corporation, erroneously sued as Sears Holdings, Inc. ("Sears"), on the other hand, by and through their respective counsel of record, hereby stipulate and agree pursuant to Fed. R. Civ. P. 41(a) that the above-captioned action, including all claims and counterclaims therein, is hereby dismissed with prejudice, with each party to bear its own expenses, costs, and attorneys' fees. Dated: December 30, 2008 FENWICK & WEST LLP

By: /s/ Jennifer L. Kelly Jennifer L. Kelly Attorneys for Plaintiff and Counterclaimdefendant Bialla & Associates, Inc. Dated: December 30, 2008 GLYNN & FINLEY LLP

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By: /s/ Clement L. Glynn Clement L. Glynn Attorneys for Defendant and Counterclaimplaintiff Sears Holdings Management Corporation, sued as Sears Holdings, Inc. ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Jennifer L Kelly, attest that concurrence in the filing of this document has been obtained from any signatories indicated by a "conformed" signature (/s/) within this e-filed document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Dated: December 30, 2008 FENWICK & WEST LLP By: /s/ Jennifer L. Kelly Jennifer L. Kelly Attorneys for Plaintiff Bialla & Associates, Inc.

STIPULATION AND PROPOSED ORDER DISMISSING ACTION

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CASE NO. 08-03529 MMC

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FENWICK & WEST LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

[PROPOSED] ORDER DISMISSING COMPLAINT AND COUNTERCLAIMS WITH PREJUDICE The parties having so stipulated, IT IS ORDERED that the above-captioned action, including all claims and counter-claims therein, is hereby dismissed with prejudice, with each party to bear its own expenses, costs, and attorneys' fees. IT IS SO ORDERED. January 5, 2009 Dated: December _____, 2008

By: The Honorable Maxine M. Chesney United States Magistrate Judge

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STIPULATION AND PROPOSED ORDER DISMISSING ACTION
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CASE NO. 08-03529 MMC