Ebrat v. Bayer HealthCare LLC et al

Filing 31

STIPULATION AND ORDER DISMISSING TESDALL, BAYER PHARMACEUTICALS re 30 Stipulation filed by Bayer HealthCare LLC, Sumaira Ebrat, Bayer HealthCare Pharmaceuticals, Inc.. Signed by Judge Edward M. Chen on 11/3/11. (bpf, COURT STAFF) (Filed on 11/3/2011)

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ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

LAW OFFICE OF JEROME SCHREIBSTEIN

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JEROME SCHREIBSTEIN (SBN: 154051)
LAW OFFICE OF JEROME SCHREIBSTEIN
Embarcadero Center West
275 Battery Street, Eighteenth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant & Counterclaimant
BAYER HEALTHCARE LLC and Defendant BAYER
HEALTHCARE PHARMACEUTICALS INC.
MARK ADAMS, ESQ. (SBN: 78706)
MAYALL HURLEY KNUTSEN SMITH & GREEN
2453 Grand Canal Boulevard
Stockton, CA 95207-8253
Telephone: [phone]
Attorneys for Plaintiff & Counterdefendant
SUMAIRA EBRAT

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SUMAIRA EBRAT,
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)
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Plaintiff,
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vs.
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BAYER HEALTHCARE LLC; BAYER
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HEALTHCARE PHARMACEUTICALS INC. )
and DOES 1-100,
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Defendants.
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BAYER HEALTHCARE LLC,
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Counterclaimant,
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vs.
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SUMAIRA EBRAT,
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Counter-defendant.
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)

Case No. C 11-02807 EMC
STIPULATION AND ORDER RE:
DISMISSAL OF KATHY TESDALL,
BAYER PHARMACEUTICALS INC.
Date:
Time:
Place:

October 25, 2011
2:30 p.m.
Courtroom 5, 17th Floor

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-1STIPULATION AND ORDER RE: DISMISSAL OF KATHY TESDALL, BAYER HEALTHCARE
PHARMACEUTICALS INC. (CASE NO. C11-02807 EMC)

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STIPULATION

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The parties, defendant & counterclaimant, Bayer HealthCare LLC, and defendant Bayer

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HealthCare Pharmaceuticals Inc. (collectively, at times, the “Bayer Entities”), on the one hand,

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and plaintiff & counterdefendant, Sumaira Ebrat (“Ebrat”), on the other hand, through their

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respective counsel, hereby stipulate as follows:

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ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

LAW OFFICE OF JEROME SCHREIBSTEIN

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WHEREAS, in her Complaint, Ebrat identified Kathy Tesdall as a party in the body of
the pleading, though she did not name Ms. Tesdall in the Summons or caption of the Complaint;
WHEREAS, Ebrat has determined that she will not prosecute the within action against
Ms. Tesdall and she will stipulate to a dismissal of the action without prejudice as to Ms.
Tesdall;
WHEREAS, Ebrat named as a defendant Bayer HealthCare Pharmaceuticals Inc. in the
Complaint;
WHEREAS, the Bayer Entities represent that Ebrat was never an employee of Bayer

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HealthCare Pharmaceuticals Inc. and that Ebrat was an employee of and terminated by Bayer

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HealthCare LLC;

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WHEREAS, based on these representations, Ebrat has determined to dismiss without
prejudice the Complaint against Bayer HealthCare Pharmaceuticals Inc.; and
WHEREAS, the parties have agreed that no party shall be entitled to its fees or costs by
virtue of the above-described dismissals;
WHEREFORE, the parties hereby stipulate to the dismissal without prejudice of Kathy

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Tesdall and Bayer HealthCare Pharmaceuticals Inc. with a mutual waiver of fees and costs.

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IT IS SO AGREED.

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Dated: October 31, 2011

LAW OFFICE OF JEROME SCHREIBSTEIN

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By: /S/
Jerome Schreibstein
Attorneys for Defendant and Counterclaimant
BAYER HEALTHCARE LLC, and Defendant
BAYER HEALTHCARE PHARMACEUTICALS
INC.
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LOJS/1050538/5621259v.1

STIPULATION AND ORDER RE: DISMISSAL OF KATHY TESDALL, BAYER HEALTHCARE
PHARMACEUTICALS INC. (CASE NO. C11-02807 EMC)

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Dated: October 31, 2011

MAYALL HURLEY KNUTSEN SMITH &
GREEN

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By: /S/
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Mark Adams
Attorneys for Plaintiff and Counterdefendant
SUMAIRA EBRAT

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ORDER

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and costs.

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11/3/11

S

DERED
Honorable
SO OR Edward M. Chen
IT IS
By:

United States District Court Judge

dward
Judge E

ER

n

M. Che

A

H

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R NIA

Dated:
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FO

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RT
U
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IT IS SO ORDERED.

S DISTRICT
TE
C
TA

LI

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UNIT
ED

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HealthCare Pharmaceuticals Inc. are dismissed without prejudice, with a mutual waiver of fees

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ATTORNEYS AT LAW
EMBARCADERO CENTER WEST
275 BATTERY STREET, TWENTIETH FLOOR
SAN FRANCISCO, CA 94111
[phone]

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CAUSE OTHERWISE APPEARING, it is hereby ordered that Kathy Tesdall and Bayer

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LAW OFFICE OF JEROME SCHREIBSTEIN

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BASED ON THE FOREGOING STIPULATION OF THE PARTIES AND GOOD

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D IS T IC T
R

OF

C

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-3-

LOJS/1050538/5621259v.1

STIPULATION AND ORDER RE: DISMISSAL OF KATHY TESDALL, BAYER HEALTHCARE
PHARMACEUTICALS INC. (CASE NO. C11-02807 EMC)