Higginbotton v. U.S. Bankcorp et al

Filing 41

STIPULATION AND ORDER Granting Dismissal of Case with Prejudice re 40 Stipulation. The Clerk shall close this file. *** All Deadlines terminated. Signed by Judge Edward J. Davila on 6/17/2011. (ecg, COURT STAFF) (Filed on 6/17/2011)

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NIALL P. McCARTHY (SBN 160175)
[e-mail]
ANNE MARIE MURPHY (SBN 202540)
[e-mail]
ERIC J. BUESCHER (SBN 271323)
[e-mail]
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road
Burlingame, CA 94010
Telephone: [phone]
Facsimile:
[phone]

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BRUCE TICHININ (SBN 52859)
[e-mail]
LAW OFFICES OF BRUCE TICHININ, INC.
138 Seafoam Avenue
Monterey, CA 93940
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs and the Class

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HAROLD HIGGINBOTTOM, dba
HIGGINBOTTOM FLOOR COVERING,
an individual; on behalf of himself and all
others similarly situated,

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Plaintiff,

Case No. CV-10-4593 EJD
STIPULATION FOR DISMISSAL
OF CASE WITH PREJUDICE;
[PROPOSED] ORDER

v.
Judge:

Hon. Edward J. Davila

U.S. BANCORP, a Delaware
Corporation; U.S. BANK, NATIONAL
ASSOCIATION; LYON FINANCIAL
SERVICES, INC., a Minnesota
Corporation, dba U.S. BANCORP
MANIFEST FUNDING SERVICES,
Defendants.

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LAW OFFICES
COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION FOR DISMISSAL OF CASE WITH PREJUDICE;
[PROPOSED] ORDER; Case No. CV-10-4593 EJD

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TO THE COURT AND ALL COUNSEL OF RECORD:
WHEREAS Plaintiff Harold Higginbottom (“Plaintiff”) and Defendants U.S.

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Bancorp, U.S. Bank, National Association, and Lyon Financial Services, Inc.

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(collectively, “Defendants”) have reached a settlement that fully disposes of the case;

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WHEREAS the case was originally filed as a putative class action but was
dismissed prior to class certification, making notice unnecessary;
IT IS THEREFORE STIPULATED by Plaintiff and Defendants, through their

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attorneys of record, that the case be fully and finally dismissed with prejudice.

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IT IS SO STIPULATED AND AGREED.

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Dated: June 16, 2011

COTCHETT, PITRE & McCARTHY, LLP

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By:

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/s/ Anne Marie Murphy
ANNE MARIE MURPHY
ERIC J. BUESCHER
Attorneys for Plaintiff

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Dated: June 16, 2011

MORRISON & FOERSTER LLP

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By:
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/s/ James M. McGuire
JAMES M. McGUIRE
Attorneys for Defendants U.S. Bancorp,
U.S. Bank, National Association, and
Lyon Financial Services, Inc.

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LAW OFFICES
COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION FOR DISMISSAL OF CASE WITH PREJUDICE;
[PROPOSED] ORDER; Case No. CV-10-4593 EJD

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[PROPOSED] ORDER

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Pursuant to the Parties’ Stipulation and Request, IT IS ORDERED that the case be
DISMISSED WITH PREJUDICE.

The Clerk shall close this file.

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17
DATE: June ___, 2011

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______________________________________
HON. EDWARD J. DAVILA
UNITED STATES DISTRICT COURT JUDGE

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LAW OFFICES
COTCHETT,
PITRE &
MCCARTHY, LLP

STIPULATION FOR DISMISSAL OF CASE WITH PREJUDICE;
[PROPOSED] ORDER; Case No. CV-10-4593 EJD

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