Anderson, Rowe & Buckley, Inc. et al v. Ferguson Enterprises, Inc. et al

Filing 50

STIPULATION AND ORDER TO DISMISS ACTION PURSUANT TO FRCP 41(a)(1)(A)(ii). Signed by Magistrate Judge Laurel Beeler on 5/17/2012. (ls, COURT STAFF) (Filed on 5/17/2012)

1 DAVID J. GARTHE, ESQ. (SBN 52398)
[e-mail]
2 BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation/File #26591
3 555 12th Street, Suite 1800
Oakland, CA 94607
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Plaintiffs
6 ANDERSON, ROWE & BUCKLEY, INC.,
OLD REPUBLIC GENERAL INSURANCE
7 CORPORATION
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11 ANDERSON, ROWE & BUCKLEY, INC.,
OLD REPUBLIC GENERAL INSURANCE
12 CORPORATION,
13
14
15
16
17

) Case No.: C 11-01428 LB
)
) STIPULATION TO DISMISS ACTION
) PURSUANT TO FRCP 41(a)(1)(A)(ii)
Plaintiffs,
)
)
vs.
)
)
FERGUSON ENTERPRISES, INC.,
)
MUELLER INDUSTRIES, COMPASS ASIA, )
DOES 1 through 10,
)
)
Defendants.
)
)

18
19

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the parties herein, through

20 their respective counsel, hereby stipulate that the above action and the complaint for damages filed
21 on January 31, 2011 in the San Francisco County Superior Court, and Notice of Removal to this
22 jurisdiction filed on March 24, 2011 be and hereby is DISMISSED WITH PREJUDICE, and
23 that each party shall bear their costs of suit incurred herein, including attorneys’ fees.
24 DATED: May 15, 2012.
25
26

BOORNAZIAN, JENSEN & GARTHE
By:

/s/
DAVID J. GARTHE, ESQ.
Attorneys for Plaintiffs ANDERSON,
ROWE & BUCKLEY, INC., OLD
REPUBLIC GENERAL INS. CORP.

27
28
-1-

STIP TO DISMISS ACTION PURSUANT TO FRCP 41(a)(1)(A)(ii); USDC-Nor. Dist. of CA #C11-01428 LB

1 DATED: May 15, 2012.
ALSTON & BIRD LLP

2
3

By:

SEAN M. WHYTE, ESQ.
Attorneys for Defendants MUELLER
INDUSTRIES, INC. & FERGUSON
ENTERPRISES, INC.

4
5
6

/s/

DATED: May 15, 2012.
GORDON & REES

7
8

By:
9

/s/
EULALIO GARCIA, ESQ.
Attorneys for Defendant COMPASS
ASIA, INC.

10
11
12
ORDER

13
14

GOOD CAUSE appearing therefor, and all parties having so stipulated, the court hereby

15 orders that plaintiff's complaint is dismissed with prejudice, and that each party shall bear their
16 costs of suit incurred herein, including attorneys’ fees.
17
18
19 DATED: May 17, 2012
20

.
HON. LAUREL BEELER
United States District Magistrate Judge

21
22
23
24
25
26
27
28
-2STIP TO DISMISS ACTION PURSUANT TO FRCP 41(a)(1)(A)(ii); USDC-Nor. Dist. of CA #C11-01428 LB