Hopkins & Carley, ALC v. Thomson Elite

Filing 18

STIPULATION AND ORDER re 17 Dismissing Case. The Clerk shall close the file. Signed by Judge Koh on 4/22/2011. (lhklc1, COURT STAFF) (Filed on 4/22/2011)

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Eugene Ashley (State Bar No. 171885)
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 S First Street
San Jose, CA 95113-2406

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mailing address:
P.O. Box 1469
San Jose, CA 95109-1469
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Hopkins & Carley, ALC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HOPKINS & CARLEY, ALC,

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Plaintiff,

CASE NO. 10-05806 LHK
STIPULATION FOR DISMISSAL

v.
THOMSON ELITE, A DIVISION OF
WEST PUBLISHING CORPORATION
and DOES 1 through 25.

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Dept.:
Judge:

Courtroom 4, 5th Floor
Lucy H. Koh

Defendant.

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STIPULATION FOR DISMISSAL

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IT IS HEREBY STIPULATED by and between plaintiff Hopkins & Carley, A Law

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Corporation (“H&C”) and defendant Thomson Elite, A Division of West Publishing Corporation

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(“West”) that:

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1.

Plaintiff H&C filed suit against WEST on September 28, 2011 in the Superior

Court for the County of Santa Clara, State of California, captioned 1-10-CV-183762;
2.

On December 21, 2010, defendant WEST filed a Notice of Removal of Civil

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Action – Diversity through which it removed the suit to the United States District Court for the

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Northern District of California, where it was assigned to the Honorable Lucy H. Koh;

H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

000\839963.1
STIPULATION FOR DISMISSAL

-1CASE NO. 10-05806 LHK

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3.

On December 28, 2011, defendant WEST filed a Motion to Compel Binding

Arbitration and to Dismiss or Stay this action;
4.

On March 31, 2011, the Court heard oral arguments on the motion to compel

binding arbitration and to dismiss or stay this action; and
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On April 6, 2011, the Court issued its order granting the motion to compel

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arbitration and ordering that the parties stipulate to dismiss the action without prejudice subject to

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the execution of an agreement tolling the applicable statutes of limitation.

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IT IS HEREBY STIPULATED by and between Plaintiff Hopkins & Carley, ALC (H&C)

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and THOMSON ELITE, A DIVISION OF WEST PUBLISING CORPORATION (WEST) that:

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Consistent with the Court’s Order dated April 6, 2011 granting WEST’s motion to compel

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binding arbitration, that this matter shall be dismissed without prejudice, and the applicable

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statutes of limitation shall be tolled as set forth in the Tolling Agreement attached hereto as

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Exhibit A.

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IT IS SO STIPULATED.

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Dated: April 21, 2011

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HOPKINS & CARLEY

By:

/s/ Eugene Ashley
Eugene Ashley, Esq.
Attorneys for Plaintiff

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DRINKER BIDDLE & REATH LLP

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Dated: April 21, 2011
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By:

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/s/ Sheldon Eisenberg
Sheldon Eisenberg, Esq.
Attorneys for Defendant

IT IS SO ORDERED. The Clerk shall close the file.

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April 22, 2011
Dated: ________________

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______________________________
The Honorable Lucy H. Koh

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

000\839963.1
STIPULATION FOR DISMISSAL

-2CASE NO. 10-05806 LHK