Karen Milner v. Dean Wilson et al

Filing 31

ORDER by Judge Haywood S. Gilliam, Jr. Granting 30 Stipulation OF DISMISSAL. (ndrS, COURT STAFF) (Filed on 4/5/2017)

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1 2 3 4 5 6 William S. Kronenberg – 133730 wkronenberg@krolaw.com Stephen H. Fleischer-Ihn – 264974 sfleischer-ihn@krolaw.com Kronenberg Law, P.C. 1 Kaiser Plaza, Suite 1675 Oakland, CA 94612-4729 Telephone: (510) 254-6767 Facsimile: (510) 788-4092 Attorneys for Defendants DEAN WILSON and MARY WILSON 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 10 11 KAREN MILNER, 12 Case No.: 16-cv-04484-HSG Plaintiffs, STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 13 v. 14 DEAN WILSON and MARY WILSON, individually, doing business as Ocean World, and in their capacity as Trustees of the Wilson Family Trust, and DOES 1 through 4, 15 Judge: Hon. Haywood S. Gilliam, Jr. Courtroom 2 16 Defendants. 17 18 WHEREAS, Plaintiff KAREN MILNER (hereinafter, “Plaintiff”) filed her Complaint for 19 premises liability – personal injury action against Defendants DEAN WILSON and MARY WILSON, 20 individually, doing business as Ocean World, and in their capacity as Trustees of the Wilson Family 21 Trust (hereinafter, “Defendants”) on August 9, 2016; 22 WHEREAS, Plaintiff and Defendants settled this matter on or about March 3, 2017; 23 THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff KAREN MILNER 24 and Defendants DEAN WILSON and MARY WILSON through their designated counsel that the 25 above-captioned action should be dismissed with prejudice pursuant to FRCP 41(a)(1)(A). The parties 26 further stipulate that, except as set forth in the March 10, 2017 Settlement Agreement between them, 27 the parties shall bear their own attorneys’ fees, expenses and costs. 28 /// -1STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 1 IT IS SO STIPULATED. 2 DATED: April 4, 2017 BLACK, CHAPMAN, PETERSEN & STEVENS 3 4 By 5 6 7 DATED: April 4, 2017 /s/ Dennis H. Black Dennis H. Black Attorneys for Plaintiff KAREN MILNER KRONENBERG LAW, P.C. 8 9 By 10 11 /s/ Stephen H. Fleischer-Ihn William S. Kronenberg Stephen H. Fleischer-Ihn Attorneys for Defendants DEAN WILSON and MARY WILSON 12 13 14 Filer’s Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury 15 that concurrence in the filing of the document has been obtained from its signatory. 16 DATED: April 4, 2017 Respectfully submitted, 17 18 /s/ Stephen H. Fleischer-Ihn Stephen H. Fleischer-Ihn 19 20 21 22 23 24 25 26 27 28 -2STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 1 2 [PROPOSED] ORDER The Court having considered the stipulation of the parties, and good cause appearing therefore, 3 orders as follows: 4 1. The action is dismissed with prejudice as against Defendants DEAN WILSON and 5 MARY WILSON, individually, doing business as Ocean World, and in their capacity as Trustees of 6 the Wilson Family Trust pursuant to FRCP 41(a)(1)(A). 7 2. Each party shall bear their own costs and attorneys’ fees. 8 3. The Court shall retain jurisdiction over this matter to enforce the terms of the March 10, 9 2017 Settlement Agreement. 10 11 IT IS SO ORDERED. 12 13 Date: _____________ 4/5/2017 _____________________________________ United States District Court Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 1 2 CERTIFICATE OF SERVICE I, Carissa Jones, declare: 3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or 4 interested in the within entitled cause. My business address is 1 Kaiser Plaza, Suite 1675, Oakland, 5 CA 94612. 6 On April 4, 2017, I served the following document(s) on the parties in the within action: 7 STIPULATION OF DISMISSAL AND [PROPOSED] ORDER 8 9 10 11 12 13 14 15 BY ECF: I attached and submitted the above-described document(s) to the ECF system for filing. Dennis H. Black BLACK, CHAPMAN, PETERSEN & STEVENS 221 Stewart Avenue, Suite 209 Medford, OR 97501 T: (541) 772-9850 F: (541) 779-7430 litigation@blackchapman.com Attorney for Plaintiff I declare under penalty of perjury under the laws of the State of California that the foregoing is a true and correct statement and that this Certificate was executed on April 4, 2017. 16 17 18 By Carissa Jones 19 20 21 22 23 24 25 26 27 28 -4STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

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