Yates v. Mangosteen et al

Filing 16

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT WBCMT 2007-C31 BUCHANAN STREET, LTD. Signed by Judge Richard Seeborg on 10/12/11. (cl, COURT STAFF) (Filed on 10/12/2011)

*E-Filed 10/12/11*
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THOMAS E. FRANKOVICH (State Bar #074414)
THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900

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CRAIG YATES, an individual;

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CRAIG YATES, an individual,
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Plaintiff,
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v.
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MANGOSTEEN; WBCMT 2007-C31
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BUCHANAN STREET, LTD; and PHILIP )
TRI NGUYEN, an individual dba
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MANGOSTEEN,
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Defendants.
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___________________________________ )

CASE NO. CV-10-3747-RS
STIPULATION OF DISMISSAL OF
DEFENDANT WBCMT 2007-C31
BUCHANAN STREET, LTD AND
[PROPOSED] ORDER THEREON

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The parties, by and through their respective counsel, stipulate to dismissal of defendant
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WBCMT 2007-C31 BUCHANAN STREET, LTD., of this action with prejudice pursuant to
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Fed.R.Civ.P.41(a)(1). Outside of the terms of the Settlement Agreement and General Release
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(“Agreement”) herein, each party is to bear its own costs and attorneys’ fees. Therefore, IT IS
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HEREBY STIPULATED by and between parties to this action through their designated counsel
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that the above-captioned action be and hereby is dismissed with prejudice pursuant to Federal
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Rules of Civil Procedure section 41(a)(1).
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STIPULATION OF DISMISSAL OF DEFENDANT WBCMT 2007-C31 BUCHANAN STREET, LTD AND [PROPOSED] ORDER
THEREON

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This stipulation may be executed in counterparts, all of which together shall constitute
one original document.

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Dated: October 12, 2011

THOMAS E. FRANKOVICH
A PROFESSIONAL LAW CORPORATION

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By: /s/ Thomas E. Frankovich
Thomas E. Frankovich
Attorney for CRAIG YATES, an individual

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Dated: ______________, 2011
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DUANE MORRIS LLP
PHILIPPE A. TOUDIC

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By: __________________________
Philippe A. Toudic
Attorneys for WBCMT 2007-C31 BUCHANAN
STREET, LTD

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ORDER

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IT IS HEREBY ORDERED that this matter is dismissed on as to defendant WBCMT

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2007-C31 BUCHANAN STREET, LTD with prejudice pursuant to Fed.R.Civ.P.41(a)(1).

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10/12
Dated: _____________, 2011

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Honorable Judge Richard Seeborg
UNITED STATE DISTRICT JUDGE

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STIPULATION OF DISMISSAL OF DEFENDANT WBCMT 2007-C31 BUCHANAN STREET, LTD AND [PROPOSED] ORDER
THEREON

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