Klure v. Armstrong

Filing 51

STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Edward M. Chen on 7/5/12. (bpf, COURT STAFF) (Filed on 7/5/2012)

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MUNGER, TOLLES & OLSON, LLP
Peter A. Detre (State Bar No. 182619)
[e-mail]
Laura K. Sullivan (State Bar No. 281542)
[e-mail]
560 Mission St., 27th Floor
San Francisco, CA 94105-2907
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Robert Klure

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LIVINGSTON LAW FIRM
Crystal L. Van Der Putten (State Bar No. 227262)
[e-mail]
1600 South Main Street, Suite 280
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant
Cornell Corrections of California, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ROBERT KLURE,
Plaintiff,

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NO. 3:11-CV-01853-EMC
STIPULATION OF DISMISSAL WITH
PREJUDICE

v.
Judge:

Hon. Edward M. Chen

ANDRE DONIEL ARMSTRONG,
CORNELL CORRECTIONS, AND DOES
1 TO 100,

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Defendants.

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Stipulation of Dismissal With Prejudice;
NO. 3:11-CV-01853-EMC

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WHEREAS Plaintiff Robert Klure (“Klure”) filed a tort action, Case No. CGC-12-

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519821, in California Superior Court on April 6, 2012 against Defendants Andre Armstrong,

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Cornell Corrections of California, Inc. (“Cornell”), and The GEO Group, Inc. (the “State Court

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Proceeding”) premised on the same facts and allegations at issue in the First Amended Complaint

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in this action;

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WHEREAS Fed. R. Civ. P. 41(a) (1)(A)(ii) authorizes dismissal of an action upon
stipulation of the all parties who have appeared;

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WHEREAS only Klure and Cornell have appeared in this action;

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WHEREAS Klure and Cornell agree that this matter should be litigated in the

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State Court Proceeding;
WHEREAS Klure and Cornell agree that this Stipulation will have no prejudicial
effect on the state court proceeding;
WHEREAS Cornell agrees that it will not assert as a defense to the State Court
Proceeding that the claims currently alleged in the State Court Proceeding are time barred.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and
between the parties, through their undersigned counsel that:

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1.

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pursuant to Fed. R. Civ. P. 41(a).

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2.

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This action shall be and hereby is dismissed in its entirety with prejudice

Such dismissal is without prejudice as to all claims asserted by Klure in the

State Court Proceeding and shall have no effect thereon.
3.

The parties shall bear their own fees and costs incurred in this action.

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-1-

Stipulation of Dismissal With Prejudice;
NO. 3:11-CV-01853-EMC

MUNGER, TOLLES & OLSON LLP

DATED:

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By:
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LAURA K.

IA

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Attorneys for Plaintiff
ROBERT KLURE

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DATED:

(j

J 2 /1

NGSTON
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LR LAW FIRM
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/f

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CRYSTAL L. VAN DER PUTTEN
Attorneys for Defendant
CORNELL CORRECTIONS OF
CALIFORNIA, INC.

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Filer’s Attestation
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I, Laura K. Sullivan. am the ECF user whose identification and password are being used

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to file

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this Stipulation of Dismissal Without Prejudice. In compliance with General Order

45X.B, I hereby attest that Crystal L. Van Der Putten concurs in this filing.

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DATED:

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IT IS SO ORDERED:
ISTRIC
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IT IS S

. Chen

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dward M

Judge E

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UNIT
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_________________
TA
Edward M. Chen
U.S. District Judge ORDERED

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Stipulation of Dismissal With Prejudice;
NO. 3:lI-CV-01853-EMC