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

Filing 65

STIPULATION AND ORDER OF DISMISSAL OF CERTAIN PLAINTIFFS: Shawna Breedlove, Gail Knoll, Lela LePlante, Jason McHann, Lino Nshimba, Lynne K. Sotelo, Gayann Welland in entirety. Signed by Judge Joseph C.Spero on 7/12/12. (klhS, COURT STAFF) (Filed on 7/13/2012)

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Blake M. Harper
Hulett Harper Stewart LLP
525 B Street
Suite 760
San Diego, CA 92101
Tel: [phone]
Fax: [phone]
[e-mail]
Lee Squitieri
Caitlin Duffy
SQUITIERI & FEARON, LLP
32 E. 57th St., 12th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
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.
Plaintiffs,

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Case No. 3:11-cv-02951-JCS
STIPULATION OF DISMISSAL OF
CERTAIN PLAINTIFFS

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

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 Shawna Breedlove,
Gail Knoll, Lela LePlante, Jason McHann, Lino Nshimba, Lynne K. Sotelo, and Gayann
Welland in their entirety.
Each party will bear their own costs and attorney’s fees.

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STIPULATION OF DISMISSAL OF CERTAIN PLAINTIFFS

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11-cv-02951-JCS

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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: July 11, 2012

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Dated: July 11, 2012

/s/ Donna 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]
Facsimile: [phone]

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Judge Jo

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ORDER

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O
IT IS S

for Defendant

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Dated: July 12, 2012

UNIT
ED

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S DISTRICT
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One of the Attorneys
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FO

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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 July 11, 2012, I served the
foregoing document(s) described as:

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STIPULATION OF DISMISSAL 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 July 11, 2012 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 Gray, 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]