KFD Enterprises Inc v. City of Eureka

Filing 480

ORDER GRANTING STIPULATED REQUEST FOR VOLUNTARY DISMISSAL WITH PREJUDICE OF PLAINTIFF KFD ENTERPRISES, INC.'S ENTIRE ACTION AGAINST DEFENDANT FIRBIMATIC SPA. Signed by Judge Maxine M. Chesney on October 20, 2011. (mmclc2, COURT STAFF) (Filed on 10/20/2011)

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Eric Grant (Bar No. 151064)
[e-mail]
Hicks Thomas LLP
8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: [phone]
Facsimile: [phone]
John B. Thomas (Bar No. 269538)
[e-mail]
Hicks Thomas LLP
700 Louisiana Street, Suite 2000
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant
FIRBIMATIC SpA

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HICKS THOMAS LLP

8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KFD ENTERPRISES, INC., a California
corporation dba Norman’s Dry Cleaner,

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Plaintiff,
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v.
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CITY OF EUREKA, et al.,
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Defendants.
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AND ALL RELATED CROSS-CLAIMS
AND THIRD-PARTY CLAIMS.

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No. 3:08-cv-04571-MMC
ORDER GRANTING
STIPULATED REQUEST FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE OF PLAINTIFF KFD
ENTERPRISES, INC.’S ENTIRE
ACTION AGAINST DEFENDANT
FIRBIMATIC SpA
[Fed. R. Civ. P. 41(a)(2); Civil L.R. 7-12]

Courtroom:
Judge:

7 (19th Floor)
Hon. Maxine M. Chesney

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Pursuant to Federal Rule of Civil Procedure 41(a)(2) and Civil L.R. 7-12, Plaintiff KFD

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Enterprises, Inc. (“KFD”) and Defendant Firbimatic SpA (“Firbimatic”) hereby stipulate and re-

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spectfully request judicial action as follows:

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WHEREAS, KFD has asserted and prosecuted this action against Firbimatic, among other
parties;
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No. 3:08-cv-04571-MMC
Stipulated Request for Dismissal With Prejudice of KFD’s Enterprises, Inc.’s Action Against Firbimatic SpA

{00144766.DOC}

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WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(2), KFD now desires to dis-

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miss with prejudice its entire action, and all claims encompassed therein, against Firbimatic, while

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continuing its action against all other parties, cf. Hells Canyon Preservation Council v. United

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States Forest Service, 403 F.3d 683, 687 (9th Cir. 2005) (observing that Rule 41(a) “allow[s] the

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dismissal of all claims against one defendant, so that a defendant may be dismissed from the en-

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tire action”); and

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WHEREAS, KFD and Firbimatic agree that each party will bear its own costs and attorneys’ fees with respect to KFD’s action against Firbimatic;

order dismissing with prejudice KFD’s entire action, and all claims encompassed therein, against

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HICKS THOMAS LLP

THEREFORE, the parties hereto stipulate and respectfully request that this Court enter an

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8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: [phone]

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Firbimatic only, each party to bear its own costs and attorneys’ fees.

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Dated: October 17, 2011.

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Respectfully submitted,

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/s/ Eric Grant
Eric Grant
John B. Thomas
Hicks Thomas LLP

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Counsel for Defendant
FIRBIMATIC SpA

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(The filer hereby attests that concurrence in
the filing of this document has been obtained
from the signatory below.)

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GREBEN & ASSOCIATES

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/s/ Jeff Coyner
Jan A. Greben
Jeff Coyner
Danielle De Smeth

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Attorneys for Plaintiff KFD ENTERPRISES,
INC., a California corporation dba Norman’s
Dry Cleaner

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///

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///
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No. 3:08-cv-04571-MMC
Stipulated Request for Dismissal With Prejudice of KFD’s Enterprises, Inc.’s Action Against Firbimatic SpA

{00144766.DOC}

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October _____, 2011.
Hon. MAXINE M. CHESNEY
United States District Judge

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HICKS THOMAS LLP

8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: [phone]

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No. 3:08-cv-04571-MMC
Stipulated Request for Dismissal With Prejudice of KFD’s Enterprises, Inc.’s Action Against Firbimatic SpA

{00144766.DOC}