Smith et al v. Green et al

Filing 17

ORDER GRANTING STIPULATED DISMISSAL AND REQUEST TO REMAND by Hon. William Alsup granting 16 Stipulation.(whalc2, COURT STAFF) (Filed on 1/22/2013)

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1 2 3 4 PETER GOLDSTONE (SB#221220) THE LAW OFFICES OF PETER GOLDSTONE 703 Second Street, Suite 310 Santa Rosa, CA 95404 Telephone: (707) 222-3115 Facsimile: (707) 237-6070 Email: peter@goldstonelaw.com 5 6 7 Attorney for Plaintiffs, ALICE SMITH, DOROTHY MENDENHALL, and ELLISSTEEN OWENS, as Trustees for PRAISES OF ZION BAPTIST CHURCH 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 ALICE SMITH, DOROTHY Case No. C 12-6088 DMR MENDENHALL, and ELLISSTEEN OWENS, and ARTHUR MASON as Trustees STIPULATED DISMISSAL AND for PRAISES OF ZION BAPTIST CHURCH, [PROPOSED] ORDER a California non-profit religious corporation, 14 15 Plaintiffs, v. 16 17 18 19 20 21 JONATHAN L. GREEN, JUNE JACKSON, PAMELA WRIGHT, DOROTHY LARK, BANK OF THE WEST, WESTAMERICA BANK, a Corporation, MENDO-LAKE CREDIT UNION, a non-profit corporation, UNITED STATES POSTAL SERVICE, an agency of the U.S. government, Defendants. 22 Plaintiffs, Alice Smith, Dorothy Mendenhall, and Ellissteen Owens, as Trustees for 23 24 Praises of Zion Baptist Church through their counsel, Peter Goldstone, and defendant United 25 States through the undersigned counsel, hereby agree and stipulate that all claims against the 26 United States are dismissed without prejudice with each party to bear his/its own costs and fees. 27 Plaintiff in propria persona, Arthur Mason, as trustee for Praises of Zion Baptist Church 28 ___________________________________________________________________ Stipulated Dismissal and [Proposed] Order Case No. C 12-6088 DMR 1 1 dismisses all claims he has made in this lawsuit against all named defendants without prejudice, 2 and the parties agree that with regard to Arthur Mason, parties shall bear its/his own costs. 3 Plaintiffs will pursue any administrative remedies available at the United States Postal Service. 4 The United States withdraws the motion to dismiss this case filed December 21, 2012 5 6 [Docket No. 6] and Plaintiff requests that this matter be remanded to the Lake County Superior 7 Court from whence it was removed. 8 Dated: January 18, 2013 9 LAW OFFICES OF PETER GOLDSTONE s/ Peter Goldstone ____________________________________ By: Peter Goldstone, Attorney for Plaintiffs: ALICE SMITH, DOROTHY MENDENHALL, and ELLISSTEEN OWENS, as Trustees for PRAISES OF ZION BAPTIST CHURCH 10 11 12 13 14 Dated: January 18, 2013 15 PLAINTIFF IN PROPRIA PERSONA s/ Arthur Mason ____________________________________ By: ARTHUR MASON, Plaintiff In Propria Persona 16 17 18 19 20 21 22 23 24 Dated: January 18, 2013 MELINDA HAAG United States Attorney s/ Abraham A. Simmons ____________________________________ ABRAHAM A. SIMMONS Assistant United States Attorney Attorneys for Federal Defendant 25 26 27 28 ___________________________________________________________________ Stipulated Dismissal and [Proposed] Order Case No. C 12-6088 DMR 2 [PROPOSED] ORDER 1 2 The Claims against the United States Postal Service are dismissed without prejudice. All 3 Claims by Arthur Mason as Trustee for PRAISES OF ZION BAPTIST CHURCH are dismissed 4 without prejudice. With regard to this federal action and dismissals thereof, each party shall bear 5 its/his/her own costs. The Case is remanded to Lake County Superior Court. 7 8 S Dated: January 22, 2013. UNIT ED 11 RT 13 ill Judge W ER H 14 15 up iam Als NO 12 FO 10 R NIA Hon. William Alsup, District Judge LI 9 RT U O S DISTRICT TE C TA __________________________________ A 6 N D IS T IC T R OF C 16 17 18 19 20 21 22 23 24 25 26 27 28 ___________________________________________________________________ Stipulated Dismissal and [Proposed] Order Case No. C 12-6088 DMR 3

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