Schafer et al v. Association for Small, Closely Held Businesses et al

Filing 24

ORDER GRANTING STIPULATION TO DISMISS DEFENDANT LANGRALL by Hon. William Alsup granting 21 Stipulation.(whalc1, COURT STAFF) (Filed on 4/23/2013)

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1 2 3 4 Clifford S. Davidson, SBN 246119 SUSSMAN SHANK LLP 1000 SW Broadway, Suite 1400 Portland, OR 97205-3089 Telephone: (503) 227-1111 Facsimile: (503) 248-0130 5 6 Attorneys for Plaintiffs Brent Schafer and Todd Construction, Inc. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 BRENT SCHAFER and TODD 12 CONSTRUCTION, INC., an Oregon 13 corporation, Plaintiffs, 14 15 Case No. C 13-00659 WHA JOINT STIPULATION TO DISMISS DEFENDANT CLARKE LANGRALL, JR. WITHOUT PREJUDICE v. ASSOCIATION FOR SMALL, 16 CLOSELY HELD BUSINESSES, a 17 18 19 20 21 22 23 24 25 26 27 28 CMC: May 9, 2013 Delaware corporation; CRONIN INSURANCE AGENCY, INC., a California corporation; ESTATE OF LAWRENCE D. CRONIN; KENNETH FEHL; and CLARK LANGRALL, JR., Defendants. WHEREAS, on February 14, 2013, plaintiffs filed the Complaint initiating this action, in which plaintiffs alleged, among other things, that Clarke Langrall, Jr., erroneously sued as Clark Langrall, Jr. (“Langrall”), was liable to plaintiffs for negligence; WHEREAS, on March 28, 2013, Langrall filed his Motion to Dismiss, which was based in part on alleged lack of personal jurisdiction; WHEREAS, plaintiffs and Langrall wish to avoid additional motion practice related to the issue of personal jurisdiction; -1JOINT STIPULATION TO DISMISS CLARKE LANGRALL WITHOUT PREJUDICE Case No. 3:13-cv-00659-WHA 1 WHEREAS, Langrall has not filed an answer or a motion for summary judgment; 2 WHEREAS, plaintiffs and Langrall stipulate and agree that, pursuant to Rule 41(a) of the 3 Federal Rules of Civil Procedure, Langrall will be dismissed from this action without prejudice; 4 THEREFORE, plaintiffs and Langrall hereby stipulate, through their counsel of record, 5 that Clarke Lagrall, Jr., erroneously sued as Clark Langrall, Jr., is dismissed from this action 6 without prejudice. 7 8 SUSSMAN SHANK LLP 9 By /S/ Clifford S. Davidson 10 11 Attorneys for Plaintiffs Brent Schafer and Todd Construction, Inc 12 13 I hereby attest that I have on file all holographic signatures corresponding to any signatures 14 indicated by a conformed signature (/S/) within this e-filed document. 15 16 ADELBERG, RUDOW, DORF & HENDLER, LLC 17 By /S/ Andrew Radding 18 19 Attorneys for Defendant Clarke Langrall, Jr. 20 21 Defendant Langrall's motion to dismiss (Dkt. No. 19) is Denied as Moot. PURSUANT TO STIPULATION, IT IS SO ORDERED. 22 23 24 April 22, 2013. ______________ Date _____________________________ Judge William Alsup United States District Judge 25 26 27 28 -2JOINT STIPULATION TO DISMISS CLARKE LANGRALL WITHOUT PREJUDICE Case No. 3:13-cv-00659-WHA

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