Forrester et al v. Orkin, Inc.

Filing 29

STIPULATION AND ORDER re 27 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Dismiss Count II (Wrongful Death) from Plaintiff's Complaint. Signed by Judge Jon S. Tigar on April 1, 2013. (wsn, COURT STAFF) (Filed on 4/1/2013)

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SCOTT H.Z. SUMNER, SBN 156304
KHORRAMI, LLP
360 22nd Street, Suite 640
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs,
EVA FORRESTER, CHRISTOPHER M. FORRESTER,
BRYAN THOMAS FORRESTER, and
STEFANIE FORRESTER
ANNA M. MARTIN, SBN 154279
JOSEPH F. CHARLES, SBN 228456
RIMAC MARTIN, P.C.
1051 Divisadero Street
San Francisco, California 94115
Telephone: [phone]
Facsimile: [phone]
DANIEL J. GERBER (admitted Pro Hac Vice)
RUMBERGER KIRK & CALDWELL
Lincoln Plaza, Suite 1400
300 South Orange Avenue
Orlando, FL 32801
Telephone: [phone]
Facsimile: 407.841.2133
Attorneys for Defendants
ORKIN SERVICES OF CALIFORNIA, INC.
(also improperly sued and served herein as ORKIN, INC.
& ORKIN EXTERMINATING COMPANY, INC.)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EVA FORRESTER, CHRISTOPHER M.
FORRESTER, BRYAN THOMAS
FORRESTER, and STEFANIE FORRESTER ,

CASE NO. 3:12-CV-01975 JST
JOINT STIPULATION TO DISMISS
COUNT II (WRONGFUL DEATH)
FROM PLAINTIFF’S COMPLAINT;
[PROPOSED] ORDER

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Plaintiffs,
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v.
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ORKIN, INC., and DOES 1 through 20,
inclusive,

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Defendants.

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JOINT STIPULATION TO DISMISS COUNT II (WRONGFUL DEATH) FROM PLAINTIFFS’ COMPLAINT

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Plaintiffs Eva Forrester, Christopher M. Forrester, Bryan Thomas Forrester and Stefanie

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Forrester (hereinafter the “Forresters”), by and through their attorney SCOTT H.Z. SUMNER, and

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Defendant ORKIN SERVICES OF CALIFORNIA, INC. (hereinafter “Orkin”), by and through its

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attorneys, Anna M. Martin, Joseph F. Charles and Daniel J. Gerber (admitted Pro Hac Vice) jointly

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stipulate the following claim in Plaintiffs’ First Amended Complaint be dismissed with prejudice

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and that, by force of this stipulation and Order, the Forresters’ First Amended Complaint be

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amended as follows:

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Plaintiffs’ Second Cause of Action for wrongful death is dismissed with prejudice;

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The Parties further stipulate that they are each to bear its own attorney’s fees and

and

costs and that all rights of appeal are waived, as related to the above-mentioned claim.
Therefore, Plaintiffs’ First Amended Complaint, filed in Contra Costa County Superior

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Court on February 29, 2012 and removed to this court by Orkin on April 20, 2012, shall be deemed

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so amended by this Stipulation and Order.

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Because this amendment limits existing claims but does not add any new claims, Orkin’s

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currently operative Answer, filed in Contra Costa County Superior Court on April 23, 2012, shall

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continue to be its currently operative Answer.

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IT IS SO STIPULATED

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DATED: March 19, 2013

By:

/S/ Scott H.Z. Sumner
SCOTT H.Z. SUMNER
KHORRAMI, LLP
Attorneys for Plaintiffs
EVA FORRESTER, CHRISTOPHER M.
FORRESTER, BRYAN THOMAS FORRESTER,
and STEPHANIE FORRESTER

DATED: March 19, 2013

By:

/S/ Anna M. Martin
ANNA M. MARTIN
JOSEPH F. CHARLES
Attorneys for Defendants
ORKIN SERVICES OF CALIFORNIA, INC.;
(also improperly sued and served herein as ORKIN,
INC. and ORKIN EXTERMINATING COMPANY,
INC.)

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JOINT STIPULATION TO DISMISS COUNT II (WRONGFUL DEATH) FROM PLAINTIFFS’ COMPLAINT

[PROPOSED] ORDER

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IT IS S

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April 1, 2013
Dated: _________________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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JOINT STIPULATION TO DISMISS COUNT II (WRONGFUL DEATH) FROM PLAINTIFFS’ COMPLAINT