Kelleher v. Kelleher et al

Filing 89

ORDER re 88 Notice of Voluntary Dismissal filed by Amber Kelleher. Signed by Magistrate Judge Maria-Elena James on 8/27/2014. (rmm2S, COURT STAFF) (Filed on 8/27/2014)

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Counsel for Plaintiff Amber Kelleher ER R NIA A H 6 FO S RT 5 es lena Jam Maria-E Judge NO 4 TED GRAN LI 3 UNIT ED 2 Jay D. Adkisson, SBC# 249061 RISER ADKISSON LLP 100 Bayview Circle, Suite 210 Newport Beach, CA 92677 Ph: 949-200-7773 Fax: 877-698-0678 jay@risad.com RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R C ORDER GRANTING DISMISSAL WITH PREJUDICE OF CLAIMS AS TO DEFS: JOHN C.DEAN ALICE S. DEAN ESTATE OF ROSE WELLS 7 DATED: 8/27/2014 8 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 AMBER KELLEHER, an individual, 11 Plaintiff, 12 13 Case No. 3:13-CV-05450-MEJ - vs John E. KELLEHER, et al., DISMISSAL WITH PREJUDICE OF PLAINTIFF'S CLAIMS AGAINST ONLY DEFENDANTS JOHN C. DEAN AND ALICE S. ("SUSAN") DEAN, AND THE ESTATE OF ANN ROSE WELLS Defendants. 14 15 16 Plaintiff, Amber Kelleher, hereby dismisses, with prejudice to refiling, each and all of her claims 17 herein against the following defendants only: 18 (1) Trustees of the John C. and Alice S. ("Susan") Dean 2008 Revocable Trust; 19 20 John C. Dean and Alice S. ("Susan") Dean, both individually, and in their capacity as (3) The Estate of Ann Rose Wells.1 21 22 1 23 Technically, as to the Estate of Ann Rose Wells, this dismissal with prejudice is intended to and shall act as an amendment to Plaintiff's Notice of Dismissal Without Prejudice of Ann Rose Wells, Dkt. #16, treating the Estate of Ann Rose Wells as being substituted for then-defendant Ann Rose Wells, and modifying that dismissal to now be with prejudice. RISER ADKISSON LLP 100 Bayview Circle, Suite 210 Newport Beach, CA 92660 Ph: 949-200-7773 Fax: 877-698-0678 Kelleher v. Kelleher, et al. DISMISSAL WITH PREJUDICE OF DEFENDANTS Case No. C 13-05450-MEJ DEANS & THE ESTATE OF WELLS Page 1 of 2 1 Plaintiff's claims against the sole remaining defendant, John E. Kelleher, are not dismissed. 2 Respectfully submitted this 27th day of August, 2014, by: 3 /s/ Jay D. Adkisson Jay D. Adkisson Counsel for Plaintiff Amber Kelleher 4 5 6 7 8 CERTIFICATE OF SERVICE 9 This Certifies that the above and foregoing DISMISSAL WITH PREJUDICE OF 10 PLAINTIFF'S CLAIMS AGAINST DEFENDANTS JOHN C. DEAN AND ALICE S. 11 ("SUSAN") DEAN, AND THE ESTATE OF ANN ROSE WELLS was filed via CM/ECF and 12 thus by that method served on all counsel of record this 27th day of August, 2014. 13 14 /s/ Jay D. Adkisson Jay D. Adkisson Counsel for Plaintiff Amber Kelleher 15 16 17 18 19 20 21 22 23 RISER ADKISSON LLP 100 Bayview Circle, Suite 210 Newport Beach, CA 92660 Ph: 949-200-7773 Fax: 877-698-0678 Kelleher v. Kelleher, et al. DISMISSAL WITH PREJUDICE OF DEFENDANTS Case No. C 13-05450-MEJ DEANS & THE ESTATE OF WELLS Page 2 of 2

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