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

Filing 21

STIPULATION AND ORDER OF DISMISSAL with prejudice as to plaintiffs Neill Newton & Tina Louise Vega-Stemiska in their entirety, and without prejudice as to plaintiffs Michael B. Green, Jr and Anthony M. Lucas. Signed by Judge Joseph C. Spero on 12/5/11. (klhS, COURT STAFF) (Filed on 12/6/2011)

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Mark J. Tamblyn (State Bar No. 179272)
Ian J. Barlow (State Bar No. 262213)
Wexler Wallace LLP
455 Capital Mall, Suite 231
Sacramento, CA 95814
Telephone: (916) 492 - 1100
Fax: [phone]
[e-mail]
[e-mail]

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Lee Squitieri (Pro Hac Vice)
Caitlin Duffy (Pro Hac Vice)
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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Attorneys for Plaintiffs

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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

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 dismiss with prejudice of the claims of plaintiffs Neill Newton and Tina L.

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Vega-Stemiska in their entirety.
STIPULATION OF DISMISSAL

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11-cv-02951-JCS

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the parties hereby
stipulate to dismiss without prejudice the claims of plaintiffs Anthony M. Lucas and

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Michael B. Green, Jr., and further agree that plaintiffs Lucas and Green’s claims,

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brought as part of the instant litigation, will be resolved as part of Ambrosino et al. v.

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Home Depot U.S.A., Inc., 11-cv-01319 (S.D.Cal.).
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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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Dated: December 2, 2011
/s/ Caitlin Duffy
Lee Squitieri (Pro Hac Vice)
Caitlin Duffy (Pro Hac Vice)
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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Mark J. Tamblyn (State Bar No. 179272)
Ian J. Barlow (State Bar No. 262213)
Wexler Wallace LLP
455 Capital Mall, Suite 231
Sacramento, CA 95814
Telephone: (916) 492 - 1100
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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STIPULATION OF DISMISSAL

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11-cv-02951-JCS

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AKIN GUMP STRAUSS HAUER & FELD LLP

Dated: December 2, 2011
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By:

/s/ Donna M. Mezias
Donna M. Mezias

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580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Home Depot U.S.A., Inc.

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RDERE

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pero
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Judge Jo

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R NIA

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IT IS S

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Dated: December 5, 2011

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UNIT
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STIPULATION OF DISMISSAL

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11-cv-02951-JCS

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PROOF OF SERVICE
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I, Caitlin Duffy, am employed in the County of New York, State of New York. I am over the
age of 18 and not a party to the within action; my business address is: 32 East 57th Street, 12th Floor,
New York, New York 10022. On December 2, 2011, I served the foregoing document(s) described as:
STIPULATION OF DISMISSAL

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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 December 2, 2011 at New York, New York.

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/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.
Ray E. Donahue, 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]