Thaning v. UBS Paine Webber et al

Filing 47

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE re 46 Stipulation filed by UBS Financial Services Inc., UBS Paine Webber, UBS Paine Webber Partner's Plus, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 5/17/10. (nah, COURT STAFF) (Filed on 5/17/2010)

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ASPELIN & BRIDGMAN, LLP JAMES C. BRIDGMAN (SBN 121345) 220 Montgomery Street, Suite 1009 San Francisco, CA 94104 Telephone: [phone] Facsimile: 415.296.9814 Attorneys for Plaintiff ALVA GENE THANING BINGHAM MCCUTCHEN LLP WALTER M. STELLA (SBN 148215) [e-mail] JACQUELINE S. BRONSON (SBN 222169) [e-mail] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 Attorneys for Defendants UBS FINANCIAL SERVICES INC. (also sued as PAINE WEBBER) and UBS PARTNERPLUS PLAN (erroneously sued as UBS/PAINE WEBBER PARTNER'S PLUS) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ALVA GENE THANING, v. Plaintiff,

No. 07-5528 PJH STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE Judge: Hon. Phyllis J. Hamilton

UBS/PAINE WEBBER, UBS/PAINE WEBBER PARTNER'S PLUS, UBS FINANCIAL SERVICES, INC., Defendant

A/73366916.2

Case No.: 07-5528 PJH

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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A/73366916.2

Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, Plaintiff Alva Gene Thaning and Defendants UBS Financial Services Inc. and UBS PartnerPlus Plan, by their respective counsel, HEREBY STIPULATE that this action, including all claims asserted herein, be dismissed with prejudice, with each party to bear its own costs and attorneys' fees and all rights of appeal waived. DATED: May 7, 2010 ASPELIN & BRIDGMAN, LLP

By:

/S/James C. Bridgman James C. Bridgman Attorneys for Plaintiff ALVA GENE THANING

DATED: May 7, 2010 BINGHAM MCCUTCHEN LLP

By:

/S/Walter M. Stella Walter M. Stella Attorneys for Defendants UBS FINANCIAL SERVICES INC. (also sued as PAINE WEBBER) and UBS PARTNERPLUS PLAN (erroneously sued as UBS/PAINE WEBBER PARTNER'S PLUS)

Case No.: 07-5528 PJH

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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A/73366916.2

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

17 DATED: May __, 2010

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Case No.: 07-5528 PJH

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE

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HONORABLE PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE ilton s J. Ham e Phylli Judg

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A/73366916.2

Attestation: I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. DATED: May 7, 2010 BINGHAM MCCUTCHEN LLP

By:

/S/Walter M. Stella Walter M. Stella Attorneys for Defendants UBS FINANCIAL SERVICES INC. (also sued as PAINE WEBBER) and UBS PARTNERPLUS PLAN (erroneously sued as UBS/PAINE WEBBER PARTNER'S PLUS)

Case No.: 07-5528 PJH

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE