Scarff et al v. Comerica Bank-California et al

Filing 467

STIPULATION AND ORDER REGARDING PARTIES AND CLAIMS (approving 465 ). Signed by Judge Jeremy Fogel on 12/18/2009. (jflc2, COURT STAFF) (Filed on 12/18/2009)

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JOSEPH W. COTCHETT (SBN 36324) [e-mail] FRANK M. PITRE (SBN 100077) [e-mail] PHILIP L. GREGORY (SBN 95217) [e-mail] COTCHETT, PITRE & McCARTHY San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: [phone] Attorneys for Plaintiffs

**E-Filed 12/18/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

EDWARD L. SCARFF, et al., Plaintiffs, v. COMPUTING RESOURCES, INC., et al.

Case numbers C 03-03394 JF (PVT) C 03-04829 JF (PVT) STIPULATION AND -----------------[PROPOSED] ORDER REGARDING PARTIES AND CLAIMS

Defendants.

Trial Date:

January 29, 2010

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LAW OFFICES COTCHETT, PITRE &

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S T I P U L A T I O N AND [PROPOSED] ORDER REGARDING PARTIES AND CLAIM S
Case Nos. C 03-03394 JF (PVT), C 03-04829 JF (PVT)

MCCARTHY

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WHEREAS, Defendants have moved for Partial Summary Judgment and those motions are currently set for hearing on January 8, 2010; WHEREAS, Plaintiffs have determined to remove certain parties and claims in order to streamline this matter for trial. WHEREAS, Defendants agree to the removal of such parties and claims in order to streamline this matter for trial. WHEREAS, the parties request that this Court enter an order in conformance with this Stipulation in order to streamline this matter for trial. NOW THEREFORE, IT IS HEREBY STIPULATED AS FOLLOWS: 1. 2. With respect to Nancy V. Scarff, her claims are dismissed with prejudice. All remaining Plaintiffs hereby dismiss with prejudice the Fourth Cause of

Action, for conversion. 3. The dismissal by Nancy V. Scarff of her claims, and the dismissal by all plaintiffs

of the conversion claim pursuant to this Stipulation shall not trigger any entitlement to recover costs or fees. The determination of entitlement to prevailing party costs shall be reserved until the conclusion of the case. Dated: December 17, 2009 COTCHETT, PITRE & McCARTHY

/s/ Philip L. Gregory PHILIP L. GREGORY Attorneys for Plaintiffs Dated: December 17, 2009 COBLENTZ, PATCH, DUFFY & BASS, LLP /s/ Jonathan R. Bass JONATHAN R. BASS Attorneys for Defendants Intuit Inc., Computing Resources, Inc., and Lisa Ciccotti

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LAW OFFICES COTCHETT, PITRE &

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S T I P U L A T I O N AND [PROPOSED] ORDER REGARDING PARTIES AND CLAIM S
Case Nos. C 03-03394 JF (PVT), C 03-04829 JF (PVT)

MCCARTHY

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Dated: December 17, 2009

GAVIN & CUNNINGHAM /s/ William H. Gavin WILLIAM H. GAVIN Attorneys for Defendant Kelly Hvegholm

I, Joseph C. Wilson, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. Pursuant to General Order 45, I hereby attest that Jonathan R. Bass and William H. Gavin have concurred in this filing. ---R-------S------ ORDER [P--OPO - ED] Pursuant to the stipulation of counsel, and good cause appearing, IT IS HEREBY

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ORDERED that:
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1.
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With respect to Nancy V. Scarff, her claims are dismissed with prejudice. All remaining Plaintiffs hereby dismiss with prejudice the Fourth Cause of

2.
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Action, for conversion. 3.
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The dismissal by Nancy V. Scarff of her claims, and the dismissal by all plaintiffs

of the conversion claim pursuant to this Stipulation shall not trigger any entitlement to recover costs or fees. The determination of entitlement to prevailing party costs shall be reserved until
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the conclusion of the case.
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18 Date: December ___, 2009 HON. JEREMY FOGEL UNITED STATES DISTRICT JUDGE

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LAW OFFICES COTCHETT, PITRE &

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S T I P U L A T I O N AND [PROPOSED] ORDER REGARDING PARTIES AND CLAIM S
Case Nos. C 03-03394 JF (PVT), C 03-04829 JF (PVT)

MCCARTHY

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