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

Filing 46

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 5/16/12. (klh, COURT STAFF) (Filed on 5/16/2012)

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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)
RAY E. DONAHUE (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

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 Eric Amstad, Tracy

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Antinori, Shirley Avery, Scott Brender, Angela Domondon, James B. Evans, Edwin

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Garcia, Ronald C. Keitz, Andrew Clayton Moran, Matthew S. Roberts, Kevin Dale

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Sherwin, and Zachary Taylor in their entirety.

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STIPULATION OF DISMISSAL

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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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Dated: May 15, 2012

/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: May 15, 2012

/s/ Donna M. Mezias

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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]
ISTRIC Facsimile: [phone]
ES D

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IT IS

DERED
SO OR

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NO

seph C.

Judge Jo

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Spero

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R NIA

One of the Attorneys for Defendant

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Dated: May 16, 2012

UNIT
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STIPULATION OF DISMISSAL

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11-cv-02951-JCS

PROOF OF SERVICE

Jeremias V. Cordero, am employed in the County of San Francisco, State of California. I am
over the age of 18 and not a party to the within action; my business address is: 580 California Street,
Suite 1500, San Francisco, California 94104-1036. On May 15, 2012, I served the foregoing document
described as:
STIPULATION OF DISMISSAL
on the interested party(ies) below, using the following means:
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 San Francisco, California.
El 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.
El 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.
El (STATE) I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

El (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 May 15, 2012 in San Francisco, California.
Jeremias V. Cordero

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SERVICE LIST
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]
caitlin@sfclasslaw_com
Blake M. Harper
Hulett Harper Stewart LLP
525 B Street
Suite 760
San Diego, CA 92101
Tel: [phone]
Fax: [phone]
[e-mail]