Diffenderfer v. Financial Management Systems, Inc.

Filing 26

STIPULATION AND ORDER FOR DISMISSAL OF CERTAIN CLAIMS re: 25 . Signed by Judge Charles R. Breyer on 11/25/2015. (afmS, COURT STAFF) (Filed on 11/25/2015)

1 TRINETTE G. KENT (State Bar No. 222020)
10645 North Tatum Blvd., Suite 200-192
2 Phoenix, AZ 85028
Telephone: [phone]
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Facsimile: [phone]
4 E-mail: [e-mail]
Of Counsel to
5 Lemberg Law, LLC
A Connecticut Law Firm
6 1100 Summer Street
Stamford, CT 06905
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Attorneys for Plaintiff Kathryn Diffenderfer
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Damian P. Richard, Esq. (SBN 262805)
9 SESSIONS, FISHMAN, NATHAN & ISRAEL, L.L.P.
1545 Hotel Circle South, Suite 150
10 San Diego, CA 92108
Telephone: [phone]
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Facsimile: 619/296-2013
12 [e-mail]
Attorneys for FMS Investment Corp.
13 (erroneously sued as Financial Management Systems, Inc.)
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

16 Kathryn Diffenderfer,
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Case No.: 3:15-cv-03811-CRB

Plaintiff,
STIPULATION FOR DISMISSAL
OF CERTAIN CLAIMS; ORDER
THEREON

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vs.
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Financial Management Systems, Inc,
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Defendant.

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3:15-cv-03811-CRB

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Stipulation and (proposed) Order

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IT IS HEREBY STIPULATED by and between counsel for plaintiff Kathryn

2 Diffenderfer and defendant FMS Investment Corp. (erroneously sued as Financial
3 Management Systems, Inc.), that plaintiff Kathryn Diffenderfer’s claims against FMS
Investment Corp. for alleged violations of the Fair Debt Collection Practices Act, 15
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U.S.C. § 1692, et seq., and Rosenthal Fair Debt Collection Practices Act, Cal. Civ.
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Code § 1788, et seq., shall be dismissed pursuant to Federal Rule of Civil Procedure,
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Rule 41(a)(1). Each party is to bear its own attorneys’ fees and costs as to these two
7 claims. This stipulation does not affect Plaintiff’s remaining claims under the
8 Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq.
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Dated: November 24, 2015

By:

/s/ Damian P. Richard

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Damian P. Richard, Esq.
Sessions, Fishman, Nathan & Israel, LLP
1545 Hotel Circle South, Suite 150
San Diego, CA 92108
[e-mail]
Attorney for Defendant,
Financial Management Systems, Inc.

15 Dated: November 24, 2015

By:

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/s/ Trinette G. Kent

Trinette G. Kent, Esq.
Lemberg Law, LLC
10645 North Tatum Blvd.
Suite 200-192
Phoenix, AZ 85028
[e-mail]
Attorney for Plaintiff,
Kathryn Diffenderfer

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3:15-cv-03811-CRB

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Stipulation and (proposed) Order

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ORDER

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Based on the parties’ stipulation and for good cause shown, plaintiff Kathryn

5 Diffenderfer’s claims against FMS Investment Corp. for alleged violations of the Fair
6 Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and Rosenthal Fair Debt
Collection Practices Act, Cal. Civ. Code § 1788, et seq., are hereby dismissed
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pursuant to Federal Rule of Civil Procedure, Rule 41(a)(1). Each party is to bear its
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own attorneys’ fees and costs as to these two claims.
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25th
10 Dated: November ___, 2015.

________________________________________
U.S. District Court Judge

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3:15-cv-03811-CRB

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Stipulation and (proposed) Order