Smalley et al v. Home Depot U.S.A., Inc.

Filing 130

ORDER GRANTING re 129 Stipulation of Dismissal of Certain Plaintiffs filed by Jeffrey H. Anderson, Washington. Signed by Judge Joseph C. Spero on 1/23/14. (klhS, COURT STAFF) (Filed on 1/23/2014)

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DONNA M. MEZIAS (SBN 111902)
AKIN GUMP STRAUSS HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-765-9501
[e-mail]
JOEL M. COHN (admitted pro hac vice)
JULIET GREY, ESQ. (admitted pro hac vice)
AKIN GUMP STRAUSS HAUER & FELD LLP
1333 New Hampshire Avenue, NW
Washington, DC 20036-1564
Telephone: [phone]
Facsimile: 202-887-4288
[e-mail]
[e-mail]
Attorneys for defendant HOME DEPOT U.S.A.,
INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HAROLD SMALLEY, ET AL.

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Case No. 3:11-cv-02951-JCS

Plaintiffs,
STIPULATION OF DISMISSAL OF
CERTAIN PLAINTIFFS

v.
HOME DEPOT U.S.A., INC.,
Defendant.

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the parties hereby
stipulate to the dismissal, with prejudice, of the claims of plaintiffs Jeffrey Anderson

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and Washington in their entirety.

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STIPULATION OF DISMISSAL OF CERTAIN PLAINTIFFS

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11-cv-02951-JCS

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Each party will bear their own costs and attorney’s fees.

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Respectfully submitted,

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/s/ Caitlin Duffy
Lee Squitieri
Caitlin Duffy
Squitieri & Fearon, LLP
32 E. 57th Street, 12th Floor
New York, NY 10022
Telephone: (212) 421 – 6492
Fax: (212) 421 – 6553
[e-mail]
[e-mail]

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One of the Attorneys for Plaintiffs

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Dated: January 21, 2014

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Dated: January 21, 2014

/s/ Donna Mezias

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ER

Spero

FO

Judge Jo

H

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Dated: 1/23/14

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seph C.

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O
IT IS S

One of the Attorneys for Defendant

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ED
ORDER

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UNIT
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Donna M. Mezias
Akin, Gump, Strauss, Hauer & Feld LLP
580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]

R NIA

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N

F
D IS T IC T O
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STIPULATION OF DISMISSAL OF CERTAIN PLAINTIFFS

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11-cv-02951-JCS

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PROOF OF SERVICE
I, Caitlin Duffy, am employed in the County of New York, State of New York. I
am over the age of th and not a party to the within action; my business address is: 32
18
East 57th Street, 12 Floor, New York, New York 10022. On January 21, 2014, I served
the foregoing document(s) described as:

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STIPULATION OF CERTAIN PLAINTIFFS
on the interested party(ies) below, using the following means:
SEE ATTACHED SERVICE LIST
BY UNITED STATES MAIL I enclosed the documents in a sealed envelope or
package addressed to the respective address(es) of the party(ies) stated above and placed
the envelope(s) for collection and mailing, following our ordinary business practices. I
am readily familiar with the firm’s practice of collection and processing correspondence
for mailing. On the same day that correspondence is placed for collection and mailing,
it is deposited in the ordinary course of business with the United States Postal Service,
in a sealed envelope with postage fully prepaid at Sacramento, California.
BY OVERNIGHT DELIVERY I enclosed the document(s) in an envelope or
package provided by an overnight delivery carrier and addressed to the respective
address(es) of the party(ies) stated above. I placed the envelope or package for
collection and overnight delivery at an office or a regularly utilized drop box of the
overnight delivery carrier.
BY FAX Based on an agreement of the parties to accept service by fax transmission,
I faxed the documents to the respective fax number(s) of the party(ies) as stated above.
No error was reported by the fax machine that I used. A copy of the record of the fax
transmission(s), which I printed out, is attached.
BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court
order or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the document(s) to be sent to the respective e-mail address(es) of
the party(ies) as stated above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful.
(STATE) I declare under penalty of perjury under the laws of the State of New York
that the foregoing is true and correct.
(FEDERAL) I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made.
Executed on January 21, 2014 at New York, New York.
/s/ Caitlin Duffy
Caitlin Duffy

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SERVICE LIST
Donna M. Mezias, Esq.
AKIN GUMP STRAUSS
HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]
Email:[e-mail]

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Joel M. Cohn, Esq.
Juliet Grey, Esq.
AKIN GUMP STRAUSS
HAUER & FELD LLP
1333 New Hampshire Avenue, N.W.
Washington D.C. 20036
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email:[e-mail]