Sutherland et al v. Francis

Filing 68

ORDER granting 67 Stipulation to Dismiss Case with Prejudice. Signed by Judge Lucy H. Koh on 7/28/2016. (lhklc3, COURT STAFF) (Filed on 7/28/2016) **THE CLERK SHALL CLOSE THE CASE FILE** Modified on 7/28/2016 (sms, COURT STAFF).

1 FERDIE F. FRANKLIN, State Bar No. 61165
[e-mail]
2 WFBM, LLP
601 Montgomery Street, Ninth Floor
3 San Francisco, California 94111-2612
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Defendant,
THOMAS E. FRANCIS, M.D.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

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11 RICHARD SUTHERLAND as assignee
of NIGEL ALLEN, et al.,
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Plaintiff,
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v.
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THOMAS E. FRANCIS,
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Defendant.
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Case No. 5:12-CV-05110 LHK
STIPULATION TO DISMISS CASE;
[PROPOSED] ORDER
Hon.:

Lucy H. Koh

Complaint filed: 10/02/2012
Trial Date: 10/16/2017

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The undersigned, as counsel for the parties in this case, hereby acknowledge

20 and stipulate that their respective clients have settled this matter and the case may
21 now be dismissed, with prejudice, in its entirety, all parties to bear their own fees
22 and costs.
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3690159.1
3743-3.3210

Case No. 5:12-CV-05110 LHK
-1STIPULATION TO DISMISS CASE; [PROPOSED] ORDER

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SO STIPULATED.

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3 Dated: July 27, 2016

WFBM, LLP

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By:

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FERDIE F. FRANKLIN
Attorneys for Defendant,
THOMAS E. FRANCIS, M.D.

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10 Dated: July 27, 2016

LAW OFFICES OF MARK W. LAPHAM

TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

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By:

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/s/ Mark W. Lapham
MARK W. LAPHAM
Attorneys for Plaintiffs,
RICHARD SUTHERLAND
and ANTHONY MALFALTI
ORDER

Based on the stipulation of the parties, this case is hereby dismissed, in its

19 entirety, with prejudice, and all parties are to bear their own costs and fees.
The Clerk shall close the case file.
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SO ORDERED.
IT IS SO ORDERED.

21 Dated: _________________
DATE: July 28, 2016
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______________________________
Hon. Lucy H. Koh, Judge
United States District Court

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3690159.1
3743-3.3210

Case No. 5:12-CV-05110 LHK
-2STIPULATION TO DISMISS CASE; [PROPOSED] ORDER

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PROOF OF SERVICE

2 STATE OF CALIFORNIA, COUNTY OF ORANGE
At the time of service, I was over 18 years of age and not a party to this
action. I am employed in the County of Orange, State of California. My business
4 address is One City Boulevard West, Fifth Floor, Orange, CA 92868-3677.
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On July 27, 2016, I served true copies of the following document(s) described
as STIPULATION TO DISMISS CASE; AND [PROPOSED] ORDER on the
6 interested parties in this action:
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TEL [phone] • FAX [phone]

SAN FRANCISCO, CALIFORNIA 94111-2612

Walsworth

601 MONTGOMERY STREET, NINTH FLOOR

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BY CM/ECF NOTICE OF ELECTRONIC FILING: I electronically filed
10 the document(s) with the Clerk of the Court by using the CM/ECF system.
Participants in the case who are registered CM/ECF users will be served by the
11 CM/ECF system. Participants in the case who are not registered CM/ECF users will
be served by mail or by other means permitted by the court rules.
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I declare under penalty of perjury under the laws of the United States of
13 America that the foregoing is true and correct and that I am employed in the office
of a member of the bar of this Court at whose direction the service was made.
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Executed on July 27, 2016, at Orange, California.
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Roberta Averill

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3690159.1
3743-3.3210

Case No. 5:12-CV-05110 LHK
STIPULATION TO DISMISS CASE; [PROPOSED] ORDER