KFD Enterprises Inc v. City of Eureka

Filing 492

ORDER RE VOLUNTARY DISMISSAL OF CITY OF EUREKA'S FOURTH AMENDED CROSS-CLAIM AGAINST CROSS-DEFENDANT ECO DRY OF AMERICA, INC. Signed by Judge Maxine M. Chesney on January 9, 2012. (mmclc2, COURT STAFF) (Filed on 1/9/2012)

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1 MORIS DAVIDOVITZ, ESQ. (State Bar #70581) CHARLES BOLCOM, ESQ. (State Bar #193762) 2 DAVIDOVITZ & BENNETT LLP 3 One Embarcadero Center, Suite 750 San Francisco, California 94111 Telephone: (415) 956-4800 Facsimile: (415) 788-5948 4 5 Attorneys for Defendant, Counter-Claimant and Cross-Claimant CITY OF EUREKA 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 KFD ENTERPRISES, INC., a California Corporation dba Norman’s Dry Cleaner, ) ) ) Plaintiff, ) ) v. ) ) CITY OF EUREKA, ) ) Defendant. ) ) _____________________________________ ) ) AND RELATED CROSS-CLAIMS AND ) THIRD PARTY CLAIMS ) _____________________________________ ) CASE NO. CV-08-4571 MMC STIPULATION AND [PROPOSED] ORDER RE: VOLUNTARY DISMISSAL OF CITY OF EUREKA’S FOURTH AMENDED CROSS-CLAIM AGAINST CROSS-DEFENDANT ECO DRY OF AMERICA, INC. [FRCP Rule 41(a)(2)] 19 20 21 22 IT IS HEREBY STIPULATED AND AGREED by and between CROSS-CLAIMANT 23 CITY OF EUREKA (“Eureka”) and CROSS-DEFENDANT ECO DRY OF AMERICA, INC. 24 (“ECO DRY”) through their respective counsel of record as follows: 25 26 EUREKA’s Fourth Amended Cross-Claim shall be dismissed without prejudice as to Cross-Defendant ECO DRY only. Each party shall bear their own fees and costs 27 28 IT IS SO STIPULATED. // 1 STIPULATION AND PROPOSED ORDER RE: DISMISSAL OF CITY CROSS-CLAIM AGAINST ECO DRY USDC CASE NO.: 08-04571-MMC 1 DATED: January 3, 2012 DAVIDOVITZ & BENNETT LLP 2 3 By: 4 5 6 /s/ Charles Bolcom_______________ MORIS DAVIDOVITZ CHARLES H. BOLCOM Attorneys for Cross-Defendant CITY OF EUREKA (The filer hereby attests that concurrence in the filing of this document has been obtained from the signatory below.) 7 8 DATED: January 3, 2012 LEWIS BRISBOIS BISGAARD & SMITH LLP 9 10 11 By: 12 13 /s/ Robert Farrell_______________ GLENN A. FRIEDMAN ROBERT FARRELL Attorneys for Cross-Defendant ECO DRY OF AMERICA 14 15 IT IS SO ORDERED. 16 17 18 19 January 9 DATE: __________, 2012 ______________________________ The Honorable Maxine M. Chesney United States District Judge 20 21 22 23 24 25 26 27 28 2 STIPULATION AND PROPOSED ORDER RE: DISMISSAL OF CITY CROSS-CLAIM AGAINST ECO DRY USDC CASE NO.: 08-04571-MMC

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