Barnett v. Martinez et al

Filing 51

ORDER Granting 50 Stipulation of Dismisal of Defendant Levy Barnes. Levy Barnes terminated. Signed by Judge Claudia Wilken on 5/25/2011. (ndr, COURT STAFF) (Filed on 5/25/2011)

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Gregory M. Fox, State Bar No. 070876
Ilana Kohn, State Bar No. 203389
BERTRAND, FOX & ELLIOT
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant LEVY BARNES

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UNITED STATE DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 4:09-cv-05605-CW

SEAN BARNETT,
Plaintiff,

STIPULATION AND ORDER OF
DISMISSAL OF DEFENDANT LEVY
BARNES

vs.
SAL MARTINEZ, #782; LEVY BARNES,
#820; CASEY TINLOY, #587; JUSTIN GEBB,
#111; ROBERT ANDERSON, #787; CYNTHIA
VERBIS, #800; DOES 1 to 50,
Defendants.

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WHEREAS by this Stipulation and [Proposed] Order of Dismissal (the “Stipulation”),

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Plaintiff SEAN BARNETT has agreed to resolve all of his claims against Defendant LEVY

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BARNES by voluntarily dismissing with prejudice his claims alleged against Defendant LEVY

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BARNES in this action; and

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WHEREAS Plaintiff SEAN BARNETT, Defendant LEVY BARNES, and their respective

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counsel have conducted sufficient investigation to enable each party to determine that it is in the

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best interests of each party to enter into this Stipulation;

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IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto through
their respective counsel as follows:

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL

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Defendant LEVY BARNES hereby agrees to aceept service of a trial subpoena in this matter
through the offices of Gregory M. Fox.

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The above-captioned action shall be, and hereby is, dismissed with prejudice as to Defendant

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LEVY BARNES pursuant to FRCP 41(a)(2), with each party to bear its own attorneys’ fees and

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costs.

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Dated: May 23, 2011

BERTRAND, FOX & ELLIOT

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By:

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/s/
Gregory M. Fox
Ilana Kohn
Attorneys for Defendant Levy Barnes

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Dated: May 20, 2011

BOSKOVICH & APPLETON

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By:

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/s/
Anthony Boskovich
Christopher Appleton
Attorneys for Plaintiff Sean Barnett

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ATTORNEY ATTESTATION

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this E-filed document.
Dated: May 23, 2011

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/s/
Gregory M. Fox

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ORDER

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Pursuant to the above stipulation, and good cause appearing therefore, IT IS SO ORDERED.
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Dated: 5/25/2011
Hon. Claudia Wilken
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER OF DISMISSAL