Dale v. Keefe Kaplan Maritime, Inc. et al

Filing 38

ORDER Granting Stipulation for Dismissal of All Claims, Without Prejudice Against Defendants HCGB Composites, LLC and HCTV Composites Only;Amendment to Caption. Signed by Judge Maria-Elena James on 5/26/2010. (mejlc1, COURT STAFF) (Filed on 5/26/2010)

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BIRNBERG & ASSOCIATES
1083 Mission Street, Third Floor SAN FRANCISCO CA, 94103 TEL [phone] FAX [phone]

CORY A. BIRNBERG, ESQ. (SBN 105468) BIRNBERG & ASSOCIATES 1083 Mission Street, Third Floor San Francisco, CA 94103 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Joseph Dale UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOSEPH DALE, ) ) Plaintiff, ) v. ) ) KEEFE KAPLAN MARITIME, INC.; ) VOLVO PENTA OF THE AMERICAS, INC.; ) HC COMPOSITES L.L.C.; HCTV ) COMPOSITES, LLC; HCGB COMPOSITES, ) LLC; WORLD CLASS CATAMARANS; ) WORLD CAT; HELMUT'S MARINE ) SERVICE ) Defendants. ) _____________________________________ ) Case No. CV-10-526 MEJ

STIPULATION FOR DISMISSAL OF ALL CLAIMS, WITHOUT PREJUDICE, AGAINST DEFENDANTS HCGB COMPOSITES, LLC; AND .; HCTV COMPOSITES, LLC AND ORDER THEREON

Pursuant to the Federal Rules of Civil Procedure, Rule 41 (a) (1) (ii), IT IS HEREBY STIPULATED by and among the parties hereto that the Complaint against Defendants HCGB COMPOSITES, LLC and HCTV COMPOSITES, LLC are hereby dismissed without prejudice, each party to bear its own costs.

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STIPULATION RE DISMISSAL 1 CV-10-526 MEJ

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BIRNBERG & ASSOCIATES
1083 Mission Street, Third Floor SAN FRANCISCO CA, 94103 TEL [phone] FAX [phone]

All parties have executed this Stipulation. Plaintiff JOSEPH DALE's claims against Defendants HC COMPOSITES L.L.C. WORLD CLASS CATAMARANS;
WORLD CAT remain. It is further agreed that if there is reasonable cause to do so, Defendants HCGB

COMPOSITES, LLC and HCTV COMPOSITES, LLC, may be brought back
into this case upon 30 days written notice, and service of such notice may be delivered to the undersigned counsel for Defendants HCGB COMPOSITES, LLC and HCTV

COMPOSITES, LLC, which shall constitute service of the complaint.
In consideration for the foregoing, should Defendants HCGB COMPOSITES,

LLC and HCTV COMPOSITES, LLC be brought back into this lawsuit, they agree
not to raise the defense of the applicable statue of limitations. IT IS FURTHER STIPULATED that defendants WORLD CAT and WORLD CLASS CATAMARANS were erroneously sued as separate legal entities herein. In fact, both WORLD CAT and WORLD CLASS CATAMARANS are dba's of defendant HC COMPOSITES, LLC. The parties agree to amend the complaint as follows: defendant HC COMPOSITES LLC, shall be amended to "HC COMPOSITES, LLC dba WORLD CAT also dba WORLD CLASS CATAMARANS and the caption maybe so amended as to these defendants. SO STIPULATED. .

Dated: April 26, 2010

BIRNBERG & ASSOCIATES By: /s/ Cory A. Birnberg Cory A. Birnberg Attorneys for Plaintiff

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STIPULATION RE DISMISSAL 2

CV-10-526 MEJ

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BIRNBERG & ASSOCIATES
1083 Mission Street, Third Floor SAN FRANCISCO CA, 94103 TEL [phone] FAX [phone]

GIBSON, ROBB & LINDH

Dated: April 26, 2010

By: ____/s/Josh Southwick Josh Southwick Attorney for Defendants
HCGB COMPOSITES, LLC and HCTV COMPOSITES, LLC HC COMPOSITES L.L.C. WORLD CLASS CATAMARANS; WORLD CAT

APPROVED AND SO ORDERED:

Dated: May 26, 2010 By:____________________________ Maria Elena James United States Magistrate Judge

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STIPULATION RE DISMISSAL 3 CV-10-526 MEJ