KFD Enterprises Inc v. City of Eureka

Filing 485

ORDER ON VOLUNTARY DISMISSAL WITH PREJUDICE OF THIRD-PARTY DEFENDANT WINZLER & KELLY'S ENTIRE CROSS-CLAIM AGAINST DEFENDANT R.R. STREET & CO. INC. Signed by Judge Maxine M. Chesney on October 26, 2011. (mmclc2, COURT STAFF) (Filed on 10/26/2011)

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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]
Jay N. Gross (pro hac vice)
[e-mail]
Hicks Thomas LLP
700 Louisiana Street, Suite 2000
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant
R.R. STREET & CO. INC.

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
STIPULATED REQUEST FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE OF THIRD-PARTY
DEFENDANT WINZLER & KELLY’S
ENTIRE CROSS-CLAIM AGAINST
DEFENDANT R.R. STREET & CO. INC.
[Fed. R. Civ. P. 41(a)(2), (c); 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 (c) and Civil L.R. 7-12, Third-

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Party Defendant Winzler & Kelly (“Winzler”) and Defendant R.R. Street & Co. Inc. (“Street”)

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hereby stipulate and respectfully request judicial action as follows:

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WHEREAS, Winzler has asserted and prosecuted within this action a cross-claim against
Street, among other parties;
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No. 3:08-cv-04571-MMC
Stipulated Request for Dismissal With Prejudice of Winzler & Kelly’s Cross-Claim Against R.R Street & Co. Inc.

{00144777.DOC}

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WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(2)—as made applicable by

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Rule 41(c)—Winzler now desires to dismiss with prejudice its entire cross-claim, and all claims

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encompassed therein, against Street, while continuing its cross-claim against the other parties

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named therein, cf. Hells Canyon Preservation Council v. United States Forest Service, 403 F.3d

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683, 687 (9th Cir. 2005) (observing that Rule 41(a) “allow[s] the dismissal of all claims against

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one defendant, so that a defendant may be dismissed from the entire action”); and

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WHEREAS, Winzler and Street agree that each party will bear its own costs and attorneys’ fees with respect to Winzler’s cross-claim against Street;

order dismissing with prejudice Winzler’s entire cross-claim, and all claims encompassed therein,

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

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Dated: October 24, 2011.

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Respectfully submitted,

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/s/ Eric Grant
Eric Grant
John B. Thomas
Jay N. Gross
Hicks Thomas LLP

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Counsel for Defendant
R.R. STREET & CO. INC.

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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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SEVERSON & WERSON
A Professional Corporation

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By:

/s/ Peter C. Lyon
PETER C. LYON

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Attorneys for Third-Party Defendant
WINZLER & KELLY

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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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No. 3:08-cv-04571-MMC
Stipulated Request for Dismissal With Prejudice of Winzler & Kelly’s Cross-Claim Against R.R Street & Co. Inc.

{00144777.DOC}