High v. The Choice Manufacturing Company, Inc. et al

Filing 116

ORDER OF DISMISSAL re 115 Notice of Voluntary Dismissal, filed by Jackie L. High, Travis Peavy, Loretta Alva. Signed by Judge Edward M. Chen on 9/13/12. (bpf, COURT STAFF) (Filed on 9/13/2012)

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THE MEHDI FIRM
AZRA Z. MEHDI (220406)
One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]
[e-mail]

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Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JACKIE L. HIGH, et al.,
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Plaintiffs,
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vs.
THE CHOICE MANUFACTURING
COMPANY, INC., et al.,

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Defendants.
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Case No. 3:11-CV-05478-EMC
CLASS ACTION
NOTICE OF VOLUNTARY DISMISSAL
WITH PREJUDICE PURSUANT TO FED. R.
CIV. P. 41(a)(1)(A)(i) AS TO ALL
REMAINING DEFENDANTS: MEPCO
FINANCE CORPORATION,
INDEPENDENT BANK CORPORATION,
DARAIN ATKINSON AND CORY
ATKINSON

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NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO ALL REMAINING

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DEFENDANTS

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NOTICE IS HEREBY GIVEN that plaintiffs JACKIE L. HIGH, TRAVIS PEAVY, and

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LORETTA ALVA, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), voluntarily
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dismiss this action, with prejudice, as to defendants Mepco Finance Corporation, Independent
Bank Corporation, Darain Atkinson and Cory Atkinson (collectively, “Defendants”).

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In accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(i), the Defendants being

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dismissed have neither filed an answer nor a motion for summary judgment. Dismissal under

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Federal Rule of Civil Procedure 41 is therefore appropriate.
With no defendants remaining in the pending matter, plaintiffs respectfully request the

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Court vacate all pending deadlines, including the upcoming Case Management Conference
scheduled for September 18, 2012, at 9:30 a.m., and close the matter.
DATED: September 12, 2012

THE MEHDI FIRM

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/s/
AZRA Z. MEHDI

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One Market
Spear Tower, Suite 3600
San Francisco, CA 94105
Telephone: [phone]
Fax: [phone]

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Counsel for Plaintiffs

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S

R NIA

hen

rd M. C

dwa
Judge E

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NOTICE OF VOLUNTARY DISMISSAL
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NO

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_________________
ERED
O ORD
Edward M. Chen IT IS S
U.S. District Judge

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S DISTRICT

IT IS SO ORDERED: TE

UNIT
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F
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No. 3:11-cv-05478-EMC

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CERTIFICATE OF SERVICE

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I hereby certify that on September 12, 2012, I authorized the filing of the Notice of

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Voluntary Dismissal with Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) as to All

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Remaining Defendants: Mepco Finance Corporation, Independent Bank Corporation, Darain
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Atkinson and Cory Atkinson, with the Clerk of the Court using the CM/ECF system which will

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send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail

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Notice List.

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I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on September 12, 2012.

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/s/
AZRA Z. MEHDI

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NOTICE OF VOLUNTARY DISMISSAL

No. 3:11-cv-05478-EMC