Martin v. Kohl's Department Stores, Inc. et al

Filing 38

ORDER GRANTING 37 STIPULATION for Dismissal with Prejudice Cross-Complaint Against Kohl's Department Stores, Inc.. Signed by Judge Jeffrey S. White on 10/31/12. (jjoS, COURT STAFF) (Filed on 10/31/2012)

Case3:10-cv-05195-JSW Document37 Filed10/30/12 Page1 of 2

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Adam C. Dawson (State Bar No. 136551)
[e-mail]
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Cross-Complainants
HARSCH INVESTMENT REALTY LLC,
SERIES C; and JAMESTOWN HARSCH
ALAMEDA TOWNE CENTRE, LP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAROLYN MARTIN,

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Plaintiff,
vs.
KOHL’S DEPARTMENT STORES, INC.;
HARSCH INVESTMENT REALTY LLC,
SERIES C; JAMESTOWN HARSCH
ALAMEDA TOWNE CENTRE, LP, a
Delaware Limited Partnership; and DOES
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Case No. C-10-05195 JSW
STIUPLATED REQUEST FOR
DISMISSAL WITH PREJUDICE OF
CROSS-COMPLAINT FILED BY
DEFENDANTS HARSCH INVESTMENT
REALTY LLC, SERIES C AND
JAMESTOWN HARSCH ALAMEDA
TOWNE CENTRE, LP;
[PROPOSED] ORDER GRANTING
DISMISSAL WITH PREJUDICE

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Defendants.

Complaint Filed: November 16, 2010

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AND RELATED CROSS-ACTION.

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Defendant and Cross-Defendant Kohl’s Department Stores, Inc. (“Kohl’s”), and

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Defendants and Cross-Complainants Harsch Investment Realty LLC, Series C (“Harsch”), and

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Jamestown Harsch Alameda Towne Centre, LP (“Jamestown”) (collectively “Defendants”),

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stipulate and agree through their respective counsel, and hereby request the Court to dismiss the

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cross-action filed by Harsch and Jamestown against Kohl’s with prejudice pursuant to Federal

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Rule of Civil Procedure 41(a)(2), with each party to bear its own costs, attorneys’ fees, and other

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expenses arising from or relating to the cross-complaint.

Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATED REQUEST FOR DISMISSAL
WITH PREJUDICE -- C-10-05195 JSW

26282\3357322.1

Case3:10-cv-05195-JSW Document37 Filed10/30/12 Page2 of 2

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Dated: October 30, 2012

FARELLA BRAUN + MARTEL LLP

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I represent that concurrence in the filing of this
document has been obtained from each of the
other signatories which shall serve in lieu of
their signatures on this document.

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Dated: October 30, 2012

By: /s/ Adam C. Dawson
Adam C. Dawson
Attorneys for Defendants and CrossComplainants
HARSCH INVESTMENT REALTY LLC,
SERIES C, and JAMESTOWN HARSCH
ALAMEDA TOWNE CENTRE, LP
K&L GATES LLP

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By: /s/ Timothy L. Pierce
Timothy L. Pierce

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Attorneys for Defendants and CrossDefendants
KOHL’S DEPARTMENT STORES, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 31
Dated: ______________, 2012

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The Honorable Jeffrey S. White
United States District Judge

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATED REQUEST FOR DISMISSAL
WITH PREJUDICE -- C-10-05195 JSW

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26282\3357322.1