Medical Development International v. Sillen et al

Filing 124

STIPULATION AND ORDER DISMISSING THE ENTIRE ACTION WITH PREJUDICE. Signed by Judge Thelton E. Henderson on 12/19/2011. (tmi, COURT STAFF) (Filed on 12/19/2011)

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JEREMY A. MEIER – SBN 139849
[e-mail]
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff and Counter-defendant
Medical Development International

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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MEDICAL DEVELOPMENT
INTERNATIONAL, a Delaware corporation,
Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER DISMISSING THE ENTIRE
ACTION WITH PREJUDICE

v.

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CASE NO. 3:10-cv-00443-TEH

THE CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
J. CLARK KELSO, in his capacity as receiver;
and
DOES 1 – 20, inclusive,

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Defendants.

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J. CLARK KELSO, in his capacity as receiver,

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Counter-claimant,
v.
MEDICAL DEVELOPMENT
INTERNATIONAL, a Delaware corporation,
Counter-defendant.

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Case No. 3:10-cv-00443-TEH
STIPULATION AND [PROPOSED] ORDER DISMISSING THE ENTIRE ACTION WITH PREJUDICE

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STIPULATION AND [PROPOSED] ORDER

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IT IS HEREBY STIPULATED, by and between Plaintiff and Counter-defendant

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Medical Development International (“MDI”), Defendant California Department of Corrections

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and Rehabilitation (“CDCR”), and Defendant and Counter-claimant J. Clark Kelso, in his

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capacity as receiver that the entire above-captioned action, including all claims and counter-

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claims, be dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of

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Civil Procedure. The parties shall bear their own fees and costs. The check for full settlement

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was sent by overnight mail from the CDCR on December 13, 2011, received by counsel for

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MDI on the morning of December 14, 2011 and then immediately transmitted to overnight

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carrier on December 14, 2011, prior to receipt of the subsequent Notice of Attorneys’ Fee Lien

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filed by Watt, Tieder, Hoffar & Fitzgerald.

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Dated: December 16, 2011

GREENBERG TRAURIG, LLP
By:/s/ Jeremy A. Meier
Jeremy A. Meier
Attorney for Plaintiff and Counterdefendant
Medical Development International

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Dated: December 16, 2011

By:/s/ Michelle M. Mitchell
Kamala D. Harris
Constance L. Lelouis
Michelle M. Mitchell
Attorneys for Defendant
California Department of Corrections
and Rehabilitation

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ATTORNEY GENERAL’S OFFICE

Dated: December 16, 2011

FUTTERMAN, DUPREE, DODD,
CROLEY, MAIER, LLP
By:/s/ Jamie L. Dupree
Martin H. Dodd
Jamie L. Dupree
Attorneys for Defendant and Counterclaimant Receiver
J. Clark Kelso

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Case No. 3:10-cv-00443-TEH
STIPULATION AND [PROPOSED] ORDER DISMISSING THE ENTIRE ACTION WITH PREJUDICE

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nderson

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_______________________________________
Thelton E. Henderson
United States District Judge
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12/19
Dated: _______________, 2011

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNIT
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Case No. 3:10-cv-00443-TEH
STIPULATION AND [PROPOSED] ORDER DISMISSING THE ENTIRE ACTION WITH PREJUDICE