Williams v. Flushmate et al

Filing 17

STIPULATION AND ORDER re 16 RE DISMISSAL OF ACTION filed by Emily Williams. Signed by Judge Edward M. Chen on 11/13/12. (bpf, COURT STAFF) (Filed on 11/13/2012)

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DAVID M. BIRKA-WHITE (State Bar No. 85721)
[e-mail]
MINDY M. WONG (State Bar No. 267820)
[e-mail]
BIRKA-WHITE LAW OFFICES
411 Hartz Avenue, Suite 200
Danville, CA 94526
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
EMILY WILLIAMS

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[Additional Counsel for Parties Listed
on Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMILY WILLIAMS, on behalf of herself and
all others similarly situated,

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Plaintiffs,

Case No. C-12-cv-004757-EMC
STIPULATION AND [PROPOSED]
ORDER RE DISMISSAL OF ACTION

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vs.
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FLUSHMATE, a division of SLOAN VALVE
COMPANY, a Delaware corporation,
GERBER PLUMBING FIXTURES, LLC, a
Delaware corporation, and DOES 1-10,
inclusive,

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Defendants.
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Case No. C 12-cv-004757-EMC

STIPULATION AND [PROPOSED] ORDER
RE DISMISSAL OF ACTION

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Plaintiff Emily Williams (“Plaintiff”) and Defendants Flushmate, a division of Sloan

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Valve Company, and Gerber Plumbing Fixtures, LLC (collectively “Defendants”), through their

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respective counsel, hereby stipulate as follows:

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WHEREAS, on September 12, 2012, Plaintiff originally filed this action;

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WHEREAS, on October 9, 2012, the Court entered a limited stay of this action until

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November 12, 2012 (Docket No. 14);
WHEREAS, on October 5, 2012, Plaintiff joined an action against Defendants arising

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from the same facts in the Central District of California, United Desert Charities, et al. v.

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Flushmate, et al., Case No. 12-cv-06878 SJO (SHx) (“UDC Action”), that had been originally

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filed on August 9, 2012;
WHEREAS, Plaintiff’s allegations against Defendants are included in the First Amended
Class Action Complaint filed in the UDC Action on October 5, 2012;
WHEREAS, Defendants have filed motions to dismiss and to transfer the UDC Action,
which motions Plaintiff opposes;
WHEREAS, the parties stipulate and agree, and hereby seek approval from this Court,

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that, in the interest of judicial economy, this action be dismissed without prejudice because of the

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first-filed UDC Action.

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THEREFORE, Plaintiff and Defendants respectfully request that this Court dismiss this

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action without prejudice pursuant to Fed. R. Civ. P. 41(a)(2). A proposed form of order is

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attached hereto.

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Dated: November 9, 2012

BIRKA-WHITE LAW OFFICES

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By: /s/ David M. Birka-White
David M. Birka-White

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Attorney for Plaintiff
Emily Williams

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Case No. C 12-cv-004757-EMC

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STIPULATION AND [PROPOSED] ORDER
RE DISMISSAL OF ACTION

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Dated: November 9, 2012

SNR DENTON US LLP

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By: /s/ Steven H. Frankel
Steven H. Frankel

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STEVEN H. FRANKEL (State Bar No. 171919)
[e-mail]
SNR DENTON US LLP
525 Market Street, 26th Floor
San Francisco, California 94105
Phone: [phone] / Fax: [phone]

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ROBERT F. SCOULAR (State Bar No. 085293)
[e-mail]
LEANNA M. ANDERSON (State Bar No. 228271)
[e-mail]
SNR DENTON US LLP
601 S. Figueroa Street, Suite 2500
Los Angeles, California 90017
Phone: [phone] / Fax: [phone]

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Attorneys for Defendants
Flushmate, a division of Sloan Valve Company
and Gerber Plumbing Fixtures, LLC

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1065677.1

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Case No. C 12-cv-004757-EMC

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STIPULATION AND [PROPOSED] ORDER
RE DISMISSAL OF ACTION

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ORDER

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For good cause shown, the above-captioned action is hereby DISMISSED pursuant to

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Fed. R. Civ. P. 41(a)(2). This dismissal is without prejudice and has no effect on any related

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action.

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IT IS SO ORDERED.

Dated:

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DERED

O OR
IT IS S

R NIA

11/13/12

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RT

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FO

NO

Edward M. Chen
UNITED STATES DISTRICT JUDGE
Chen
ard M.
dge Edw
Ju

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UNIT
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Case No. C 12-cv-004757-EMC

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STIPULATION AND [PROPOSED] ORDER
RE DISMISSAL OF ACTION