Harris-Scott v. Immelt et al

Filing 25

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 3/5/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 3/5/2013)

1 JEFFREY T. MAKOFF (SBN 120004)
HEATHER A. LANDIS (SBN 267615)
2 KATHERINE KAO (SBN 267475)
VALLE MAKOFF LLP
3 2 Embarcadero Center, Suite 2370
San Francisco, California 94111
4 Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
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[e-mail]
[e-mail]
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7 Attorneys for Defendants Jeffrey Immelt
and The Walt Disney Company, erroneously sued as
8 “The Walt Disney Corporation”
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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)
)
) Case No. CV 12-3509 PJH
HELEN M. HARRIS-SCOTT, an
)
individual,
) [PROPOSED] ORDER OF DISMISSAL
) WITH PREJUDICE
)
Plaintiff,
)
)
v.
)
)
)
JEFFREY IMMELT, (in his official
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capacity) as Chairman of the Board of
)
Directors of NBC Universal, and as
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CEO and Director of The General
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)
Electric Corporation; THE WALT
DISNEY CORPORATION, a Delaware )
)
corporation,
)
)
Defendants.
)
)
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)

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[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE;
CASE NO. CV 12-3509 PJH

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ORDER
On July 6, 2012, plaintiff Helen M. Harris-Scott (“plaintiff”) filed her Complaint

3 (which she labeled “Amended Complaint”) against defendants Jeffrey Immelt and The Walt
4 Disney Company, erroneously sued as “The Walt Disney Corporation” (collectively
5 “defendants”).
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On November 26, 2012, defendants filed their Motion to Dismiss Pursuant to Federal

7 Rule of Civil Procedure 12(b)(6) (the “Motion”).
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On January 29, 2013, this Court granted defendants’ Motion and dismissed with

9 prejudice all of plaintiff’s claims for relief, except for plaintiff’s claim for fraudulent
10 business practices under Business and Professions Code § 17200. The Court granted
11 plaintiff leave to amend to plead her § 17200 claim with particularity no later than February
12 28, 2013.
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Plaintiff did not file an amended Complaint within the time specified by the Court.

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Accordingly, finding good cause therefor,

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IT IS HEREBY ORDERED that:

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Plaintiff’s First Claim for Relief for Violation of California Business & Professions

17 Code sections 17200, et. seq., is hereby DISMISSED WITH PREJUDICE.
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[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE;
CASE NO. CV 12-3509 PJH

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IT IS FURTHER ORDERED that:

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Plaintiff’s Complaint is DISMISSED WITH PREJUDICE as to all claims for relief,

3 and a judgment of dismissal shall be entered pursuant to this Order.

IT IS SO ORDERED.

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___________________________________
ERED
O ORD
HONORABLE PHYLLIS J. HAMILTON
IT IS S
United States District Judge
Northern DistrictPhyllisCalifornia
of J. Hamilton
Judge
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6 DATED: March __, 2013

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12 VALLE MAKOFF LLP
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By:

/s/ Jeffrey T. Makoff
Jeffrey T. Makoff
Attorneys for Defendants
The Walt Disney Company and
Jeffrey Immelt

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[PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE;
CASE NO. CV 12-3509 PJH