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

Filing 34

ORDER GRANTING DISMISSAL OF DEFENDANT ELLEN CRONIN by Hon. William Alsup granting 30 Stipulation.(whalc1, COURT STAFF) (Filed on 5/30/2013)

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Clifford S. Davidson, SBN 246119
[e-mail]
SUSSMAN SHANK LLP
1000 SW Broadway, Suite 1400
Portland, OR 97205-3089
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
Brent Schafer and Todd Construction, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BRENT SCHAFER and TODD

12 CONSTRUCTION, INC., an Oregon
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corporation,
Plaintiffs,

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Case No. C 13-00659 WHA
JOINT STIPULATION TO DISMISS
DEFENDANT ELLEN A. CRONIN
WITHOUT PREJUDICE

v.
ASSOCIATION FOR SMALL,

16 CLOSELY HELD BUSINESSES, a
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CMC: May 30, 2013

Delaware corporation; CRONIN
INSURANCE SERVICES, INC., a
California corporation; ELLEN A.
CRONIN, in her capacity as Executor of
the ESTATE OF LAWRENCE D.
CRONIN; and KENNETH FEHL,
Defendants.

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WHEREAS, on March 11, 2013, Plaintiffs filed the First Amended Complaint in which

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Plaintiffs alleged, among other things, that Ellen A. Cronin, in her capacity as Executor of the

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Estate of Lawrence D. Cronin (“Ms. Cronin”), was liable to Plaintiffs for conversion;

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WHEREAS, on May 22, 2013, after meeting and conferring with counsel for Ms. Cronin,

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Plaintiffs were first informed that Ms. Cronin is not the executor of Mr. Cronin’s estate, that

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there are no appreciable assets subject to probate, and that the Internal Revenue Service has

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assessed a priority lien against Mr. Cronin’s estate in excess of $4.3 million;
-1JOINT STIPULATION TO DISMISS ELLEN A. CRONIN WITHOUT PREJUDICE
Case No. 3:13-cv-00659-WHA

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WHEREAS, Plaintiffs and Ms. Cronin wish to avoid unnecessary motion;

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WHEREAS, Ms. Cronin has not filed an answer or a motion for summary judgment;

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WHEREAS, Plaintiffs and Ms. Cronin stipulate and agree that, pursuant to Rule 41(a) of

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the Federal Rules of Civil Procedure, Ms. Cronin will be dismissed from this action without

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prejudice;

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THEREFORE, Plaintiffs and Ms. Cronin hereby stipulate, through their counsel of

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record, that Ellen A. Cronin, named in her capacity as Executor of the Estate of Lawrence A.

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Cronin, is dismissed from this action without prejudice.

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SUSSMAN SHANK LLP

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By /S/
Clifford S. Davidson

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Attorneys for Plaintiffs Brent Schafer and Todd Construction, Inc
I hereby attest that I have on file all holographic signatures corresponding to any signatures
indicated by a conformed signature (/S/) within this e-filed document.

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CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN P.C.

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By /S/
Mark D. Hudak

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Attorneys for Defendant
Ellen A. Cronin, as Executor of the Estate of Lawrence D. Cronin

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

May 29, 2013.
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Date

_____________________________
Judge William Alsup
United States District Judge

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-2JOINT STIPULATION TO DISMISS ELLEN A. CRONIN WITHOUT PREJUDICE
Case No. 3:13-cv-00659-WHA