Weibling v. International Monetary Systems, LTD

Filing 27

STIPULATION AND ORDER FOR DISMISSAL OF COMPLAINT AND CROSS-COMPLAINT WITH PREJUDICE. Signed by Judge Richard Seeborg on 12/20/10. (cl, COURT STAFF) (Filed on 12/20/2010) Modified on 12/17/2010 (cl, COURT STAFF).

Weibling v. International Monetary Systems, LTD

Doc. 27

*E-Filed 12/20/10*

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SENNEFF FREEMAN & BLUESTONE, LLP 50 OLD COURTHOUSE SQUARE, SUITE 401 P.O. BOX 3729 SANTA ROSA, CA 95402-3729 TELEPHONE: (707) 526 - 4250 FACSIMILE: (707) 526 - 0347 BONNIE A. FREEMAN, ESQ. (SB: 180502) [e-mail] ATTORNEYS FOR PLAINTIFF/CROSS-DEFENDANT DANNY WEIBLING FOLEY & LARDNER LLP ATTORNEYS AT LAW ONE MARITIME PLAZA, SIXTH FLOOR SAN FRANCISCO, CALIFORNIA 94111-3409 TELEPHONE: [phone] FACSIMILE: 415.434.4507 MICHAEL E. DELEHUNT, CA BAR NO. 070619 [e-mail] BILL J. SYMES, CA BAR NO. 257903 [e-mail] FOLEY & LARDNER LLP ATTORNEYS AT LAW 777 EAST WISCONSIN AVENUE MILWAUKEE, WI 53202-5306 TELEPHONE: [phone] FACSIMILE: 414.297.4900 APPEARING PRO HAC VICE BRYAN B. HOUSE, WI BAR NO. 1056525 [e-mail] ATTORNEYS FOR DEFENDANT AND CROSS-COMPLAINANT INTERNATIONAL MONETARY SYSTEMS, LTD. DBA CONTENENTAL TRADE EXCHANGE, LTD.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff and Cross-Defendant, ) ) v. ) ) INTERNATIONAL MONETARY SYSTEMS, ) LTD. dba CONTINENTAL TRADE ) EXCHANGE, LTD., ) ) Defendant and Cross-Complainant. ) ) ) ) ) ) ) ) ) DANNY WEIBLING, CASE NO.: CV 10-2580 RS JOINT STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL OF COMPLAINT AND CROSSCOMPLAINT WITH PREJUDICE COMPLAINT FILED: MAY 13, 200 CROSS-COMPLAINT FILED: JUNE 11, 2010 JUDGE: HONORABLE RICHARD SEEBORG

MILW_10708321.1

STIPULATION FOR DISMISSAL OF COMPLAINT AND CROSS-COMPLAINT WITH PREJUDICE CASE NO.: CV 10-2580 RS Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: DECEMBER 17, 2010

STIPULATION WHEREAS Plaintiff and Cross-Defendant Danny Weibling ("Plaintiff") filed the abovecaptioned lawsuit against Defendant and Cross-Complainant International Monetary Systems Ltd. dba Continental Trade Exchange Ltd. ("Defendant") on May 13, 2010 in the Superior Court of California, County of Sonoma (Case No. SCV-247375) ("Complaint"); and WHEREAS on June 11, 2010, Defendant removed the Complaint to the United States District Court, Northern District of California, and filed a related Cross-Complaint ("CrossComplaint") against Plaintiff, and the lawsuit has since been designated Case No. CV 10-2580 RS; and WHEREAS Plaintiff and Defendant have entered into an agreement to resolve all of their respective claims against each other; Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, it is hereby stipulated by and between Plaintiff and Defendant, through their attorneys of record, as follows: 1. Plaintiff's Complaint against Defendant is to be dismissed with prejudice; 2. Defendant's Cross-Complaint against Plaintiff is to be dismissed with prejudice; and 3. Each party shall bear its own attorneys' fees and costs. SO STIPULATED. DATED: DECEMBER 17, 2010 FOLEY & LARDNER LLP MICHAEL E. DELEHUNT BRYAN B. HOUSE BILL J. SYMES By: __________\s\______________ BRYAN B. HOUSE Appearing Pro Hac Vice ATTORNEYS FOR DEFENDANT AND CROSS-COMPLAINANT INTERNATIONAL MONETARY SYSTEMS LTD. DBA CONTINENTAL TRADE EXCHANGE LTD. SENNEFF FREEMAN & BLUESTONE, LLP BONNIE FREEMAN By: ____________\s\_______________ BONNIE FREEMAN ATTORNEYS FOR PLAINTIFF AND CROSS-DEFENDANT DANNY WEIBLING 2

MILW_10708321.1

STIPULATION FOR DISMISSAL OF COMPLAINT AND CROSS-CLAIM WITH PREJUDICE CASE NO.: CV 10-2580 RS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER Upon reading the foregoing stipulation and good cause appearing: IT IS ORDERED THAT: 1. 2. fees and costs. Dated: _____________________ 12/17/10 By: ___________________________ Richard Seeborg United States District Judge The Complaint and Cross-Complaint are hereby dismissed with prejudice; and In accordance with parties' stipulation, each party shall bear its own attorneys'

3
MILW_10708321.1

STIPULATION FOR DISMISSAL OF COMPLAINT AND CROSS-CLAIM WITH PREJUDICE CASE NO.: CV 10-2580 RS