Kuhnau et al v. Allied Packing & Supply, Inc. et al

Filing 24

STIPULATION AND ORDER re 23 FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT CONSOLIDATED SUPPLY CO. filed by Diana Williams, Donald Kuhnau, Jeanene Kuhnau, Motions terminated: 11 MOTION to Dismiss for Lack of Jurisdict ion filed by Consolidated Supply Co., 23 STIPULATION WITH PROPOSED ORDER FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT CONSOLIDATED SUPPLY CO. filed by Diana Williams, Donald Kuhnau, Jeanene Kuhnau.. Signed by Judge Edward M. Chen on 5/8/13. (bpf, COURT STAFF) (Filed on 5/8/2013)

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1 5 WILLIAM A. LEVIN, ESQ. (SBN 98592) SEAN P. WORSEY, ESQ. (SBN 215807) LEVIN SIMES LLP 353 Sacramento Street, 20th Floor San Francisco, CA 94111 Telephone: (415) 426-3000 Facsimile: (415) 426-3001 wlevin@levinsimes.com sworsey@levinsimes.com 6 Attorneys for Plaintiffs 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 JEANENE KUHNAU, individually and on Behalf of the Estate of QUENTIN KUHNAU, Decedent; DONALD KUHNAU; DIANA WILLIAMS; and DOES ONE through TEN, inclusive, Plaintiffs, 14 STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT CONSOLIDATED SUPPLY CO. vs. 15 16 Case No. 3:13-CV-01669-EMC ALLIED PACKING & SUPPLY, INC., et al., Defendants. 17 18 Plaintiffs Jeanene Kuhnau, individually and on Behalf of the Estate of Quentin Kuhnau, 19 Decedent; Donald Kuhnau and Diana Williams and Defendant Consolidated Supply Co. hereby stipulate 20 under Federal Rule of Civil Procedure 41(a)(1)(ii) that this action be dismissed without prejudice as to 21 all claims, causes of action, and parties, with each party bearing that party’s own attorney’s fees and 22 costs. 23 Dated: May 7, 2013 LEVIN SIMES LLP 24 25 s/ Sean Worsey Sean P. Worsey Attorneys for Plaintiffs 26 27 /// 28 /// 780387_1.docx -1- STIPULATION AND [PROPOSED] ORDER TO DISMISS DEFENDANT CONSOLIDATED SUPPLY CO. WITHOUT PREJUDICE 1 Dated: May 7, 2013 ARCHER NORRIS 2 3 s/ Ioana Mondescu Ioana Mondescu Attorneys for Defendant Consolidated Supply Co. 4 5 7 , 2013 11 D AS MO RT 13 dwa Judge E ER H 14 15 hen rd M. C NO 12 The Honorable EdwardD Chen RDERE M. IS SO ODistrict Court Judge United States IFIED IT R NIA UNIT ED 10 RT U O 9 S DISTRICT TE C TA FO 8 LI Dated: May S 8 Defendant Consolidated's motion to dismiss is hereby vacated. PURSUANT TO THE STIPULATION, IT IS SO ORDERED. A 6 N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 780387_1.docx -2- STIPULATION AND [PROPOSED] ORDER TO DISMISS DEFENDANT CONSOLIDATED SUPPLY CO. WITHOUT PREJUDICE CERTIFICATE OF SERVICE 1 2 I, Timothy F. Pearce, declare that I am a citizen of the United States and am employed in San 3 Francisco County, State of California. I am over the age of 18 and not a party to the within action. 4 My business address is 353 Sacramento Street, 20th Floor, San Francisco, California 94111. On May 5 7, 2013, I served the following document entitled: 6 7 STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL WITHOUT 8 PREJUDICE AS TO DEFENDANT CONSOLIDATED SUPPLY CO. 9 on interested parties in this action by: 10 11 (X) ELECTRONICALLY VIA ECF: the above-entitled document to be served electronically through the United States District Court, Northern District of California ECF website, addressed to all parties appearing on the Court’s ECF service list. A copy of the “Filing Receipt” page will be maintained with the original document in our office. (X) I declare that I am employed in the office of this Bar of this Court at whose direction the service was made. 12 13 14 15 16 Executed May 7, 2013, at San Francisco, California. 17 s/ Sean P. Worsey Sean P. Worsey 18 19 20 21 22 23 24 25 26 27 28 780387_1.docx -1- CERTIFICATE OF SERVICE

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