Estheimer et al v. Integra Neurosciences Inc et al

Filing 36

STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANT INTEGRA LIFESCIENCES CORPORATION re 34 Stipulation filed by Kristen Estheimer, William Estheimer. Signed by Judge Phyllis J. Hamilton on 5/6/09. (nah, COURT STAFF) (Filed on 5/6/2009)

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NANCY HERSH, ESQ., State Bar No. 49091 AMY ESKIN, ESQ., State Bar No. 127668 HERSH & HERSH, A Professional Corporation 601 Van Ness Avenue, Suite 2080 San Francisco, CA 94102-6396 (415) 441-5544 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION WILLIAM ESTHEIMER and KRISTEN ESTHEIMER Plaintiffs, vs. INTEGRA NEUROSCIENCES, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NUMBER CV 08-03164 PJH STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT INTEGRA LIFESCIENCES CORPORATION Pursuant to Rule 41(a)(1)(a)(ii) of the Federal Rules of Civil Procedure, the parties, through their counsel, hereby agree and stipulate to the voluntary dismissal with prejudice of all claims against Integra Lifesciences Coporation (also idenfieid improperly in plaintiffs' complaint as "Integra Neuroschiences, Inc." and "Integra LifeSciences, Inc."). DATED: May 4, 2009 HERSH & HERSH A Professional Corporation By _/S/ NANCY HERSH Attorneys for Plaintiffs -1STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT INTEGRA LIFESCIENCES CORPORATION CV 08-031654 PJH DATED: May 4, 2009 ULMER & BERNE LLP By /S/ PAUL J. COSGROVE Attorneys for Defendants Integra Neurosciences, Inc. DATED: May 4, 2009 DILLINGHAM & MURPHY LLP By /S/ RODRIGO E. SALAS Attorneys for Defendant SHELHIGH, INC. ORDER PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. The Clerk shall terminate the above named defendant Integra Lifesciences Corporation from the Docket. 5/6/09 DATED: ________________ _______________________________________ DE D United States District Judge RE SO OR Phyllis J. Hamilton J. Hami lton UNIT ED S S DISTRICT TE C TA RT U O ER N F D IS T IC T O R -2STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT INTEGRA LIFESCIENCES CORPORATION CV 08-031654 PJH A C LI FO hyllis Judge P R NIA IT IS NO RT H PROOF OF SERVICE I, Monica B. Peņa, declare: I am employed in the City and County of San Francisco, California. I am over the age of 18 years and not a party to the within action or proceeding; my business address is 601 Van Ness Avenue, Suite 2080, San Francisco, California 94102-6388. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On May 4, 2009, I a true copy of the following documents: STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT INTEGRA LIFESCIENCES CORPORATION, AND DECLARATION OF NANCY HERSH ATTESTING TO SIGNATURES ON PLAINTIFFS' STIPULATION OF VOLUNTARY DISMISSAL, ETC. Thomas M. Frieder Hassard Bonnington LLP Two Embarcadero Center, Suite 1800 San Francisco, CA 94111-3941 E-mail: tmf@hassard.com Attorneys for Integra Lifesciences Corporation Paul J. (P.J.) Cosgrove ULMER & BERNE LLP 600 Vine Street, Suite 2800 Cincinnati, Ohio 45202-2409 E-mail: pcosgrove@ulmer.com Co-counsel for Integra Lifesciences Corporation Rodrigo E. Salas J. Cross Creason DILLINGHAM & MURPHY, LLP 225 Bush Street, 6th Floor San Francisco, CA 94104-4207 E-mail: res@dillinghammurphy.com and jcc@dillinghammurphy.com Attorneys for Shelhigh, Inc. X (BY MAIL) By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in accordance with the above business practice, as addressed above. (BY HAND DELIVERY) By arranging hand-delivery of a copy of the same to the person(s) identified above. ___ (BY OVERNIGHT DELIVERY) By placing a true and correct copy of the document(s) listed above enclosed in a sealed envelope(s), and having said envelope be delivered to an overnight delivery carrier with delivery fees provided for, addressed to the person(s) identified above. -3- STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT INTEGRA LIFESCIENCES CORPORATION CV 08-031654 PJH (BY FACSIMILE) By transmitting a facsimile copy of the same, to the number listed above. ___ _X_ (BY ELECTRONIC MAIL) By transmitting an electronic copy of the same to the e-mail address(es) indicated above. (FEDERAL) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 4, 2009, at San Francisco, California. /S/ Monica B. Peņa -4STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE OF DEFENDANT INTEGRA LIFESCIENCES CORPORATION CV 08-031654 PJH

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