Driftwood Hayward Operating Company L.P. v. Felix E Martinez

Filing 18

ORDER DISMISSING CASE. Signed by Judge William H. Orrick on 07/14/2016. (jmdS, COURT STAFF) (Filed on 7/14/2016)

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Alexander F. Giovanniello (CSB # 125562)
Thomas C. Swann (CSB #229422)
Paul H. Kang (CSB # 257056)
GIOVANNIELLO LAW GROUP
One Pointe Drive, Suite 300
Brea, Califomia92S2l

Ph: (7t4)364-4000

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Fax: [phone]

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Attorneys for P laintiff:
DRIFTV/OOD HAYWARD OPERATING
COMPANY, LP dba DRIFTWOOD
HEALTHCARE CENTER _ HAYV/ARD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DRIFTWOOD HAYWARD OPERATING
COMPANY, LP dba DRIFTWOOD
HEALTHCARE CENTER _ HAYWARD;

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Case

No.:

3 : 1 6-cv-00583-V/HO

JOINT STIPULATION TO DISMISS
COMPLAINT PURSUANT TO FEDERAL
RULE OF CIVI PROCEDURE 41

Plaintiff,
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FELIX E. MARTINEZ, an individual
Defendant

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JUDGE:

Hon. V/illiam H. Onick

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V/HEREAS on February 3,2016, Plaintiff Driftwood Hayward Operating Company, LP

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dba Driftwood Healthcare Center filed a Complaint in this Court seeking an Order to Compel

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Defendant

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pursuant to the Federal Arbitration Act.

to arbitrate his underlying State Court claim. Plaintiff brought said Complaint

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V/HEREAS in filing the subject complaint, Plaintiff Driftwood Hayward Operating

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Company dba Driftwood Healthcare Center asserted that Erika Martinez, pursuant to the

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authority granted to her via a Durable Power of Attorney, executed an Arbitration Agreement on

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behalf of Felix Martinez that required Mr. Mafünez to litigate all claims against Plaintiff in an

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arbitration forum.

JOINT STIPULATION TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 4I

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WHEREAS after filing the instant Complaint, Defendant Felix Martinez, in an attempt

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to "meet and confer" provided the Declaration of Erika Martinez. Within this Declaration,

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Erika Martinez declared under penalty of perjury that the signature appearing on the arbitration

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agreement did not belong to her.

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WHEREAS after receiving this Declaration, Plaintiff immediately conducted discovery

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and retained a handwriting expert in an effort to determine the veracity of Erika Martinez's

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declaration.

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V/HEREAS after the completion of this discovery, and having obtained the opinion of

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its handwriting expert, Plaintiff has concluded that the signature appearing on the arbitration

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agreement does not belong to Erika }r4afünez, and as a result, the instant Complaint should be

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dismissed.

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IT IS THEREF'ORE STIPULATED:

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The Complaint for Arbitration filed by Plaintiff Driftwood Hayward Operating

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Company, LP dba Driftwood Healthcare Center shall be dismissed pursuant to Federal Rule of

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Civil Procedure

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$41

IT IS SO STIPULATED.
Dated: July

12,2016

GIOVANNIELLO LAW GROUP

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By:

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2T

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/s/ Thomas C. Swann
Alexander F. Giovanniello
Thomas C. Swann
Paul H. Kang
Attorneys for Plaintiff
DRIFTV/OOD HAYWARD OPERATING
COMPANY, LP dba DRIFTWOOD
HEALTHCARE CENTER - HAYWARD

LAW OFFICES OF R. MICHAEL
LIEBERMAN

Dated: July 12,2016

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By

/s/ R. Michael
R. Michael Lieberman
Attorney for Defendant
FELIX E. MARTINEZ

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JOINT STIPULATION TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 41

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IT IS SO ORDERED:

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Dated July 14

2016
By:
Hon. V/illiam H. Onick
Judge of the United States District Court

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JOINT STIPULATION TO DISMISS COMPLAINT PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 4I