Thomas Cutino v. John Arthur Hurley, et al

Filing 10

ORDER GRANTING REQUEST FOR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Nathanael Cousins on 6/1/2015. (lmh, COURT STAFF) (Filed on 6/1/2015)

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ROBERT E. ROSENTHAL (SBN 67343)
ANDREW B. KREEFT (SBN 126673)
MATTHEW R. RANKIN (SBN 290751)
BOHNEN, ROSENTHAL & KREEFT
787 Munras Avenue, Suite 200
P.O. Box 1111
Monterey, CA 93942-1111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff, Thomas Cutino

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THOMAS CUTINO,
Plaintiff,

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REQUEST FOR DISMISSAL WITHOUT
PREJUDICE AND ORDER

v.

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CASE NO. 5:15-CV-01734-NC

JOHN ARTHUR HURLEY, an individual,
DEPARTMENT OF THE ARMY, and
DOES 1 through 10, inclusive,

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Trial Date: Not Scheduled

Defendants.
TO THE COURT:
Pursuant to Federal Rule of Civil Procedure 41, Plaintiff Thomas Cutino requests to
dismiss the above-entitled lawsuit. This dismissal shall be without prejudice, with each side to
bear its own costs and fees.

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Respectfully submitted,
Dated: June 1, 2015

BOHNEN, ROSENTHAL & KREEFT

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By:
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/s/ Robert E. Rosenthal
ROBERT E. ROSENTHAL
Attorneys for Plaintiff Thomas Cutino

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REQUEST FOR DISMISSAL WITHOUT PREJUDICE AND ORDER

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ORDER
Upon review of Plaintiff’s Request for Dismissal without prejudice, and based upon the
records and papers on file herein and good cause appearing therefrom;
IT IS HEREBY ORDERED that this action is dismissed without prejudice.

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A

H

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. Cousins

R NIA

thanael M
Judge Na

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GRAN

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UNIT
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HON. NATHANAEL M. COUSINS
U.S. Magistrate Judge

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DATED: June 1, 2015

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S DISTRICT
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D IS T IC T O
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REQUEST FOR DISMISSAL WITHOUT PREJUDICE AND ORDER

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PROOF OF SERVICE

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The undersigned declares as follows:

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I am a citizen of the United States and employed in the County of Monterey, State of
California. I am over the age of 18 and not a party to the within action; my business address is:
787 Munras Avenue, Suite 200, P.O. Box 1111, Monterey, California 93942.

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I served the following document as follows:
Counsel for Defendants
Michael D. Sutton
Department of the Army
OSJA Claims
Attn: Torts
1336 Plummer Street, Bldg. 275
Monterey, California 93944-500

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_
BY MAIL: By placing a copy(ies) thereof in a sealed envelope(s) addressed to the abovelisted person(s) and place(s) of business. I am "readily familiar" with the firm's practice of
collection and processing correspondence for mailing. Under that practice, it would be deposited
with the United States postal service on that same day with postage thereon fully prepaid at
Monterey, California in the ordinary course of business.
___x___BY ELECTRONICTRANSMISSION: by transmitting via electronic mail, the
document(s) listed above to the electronic mail addresses set forth below on this date.
_____ _BY FACSIMILE: The above-referenced document(s) was faxed to the above-listed
person(s) and/or place(s) of business at the above-listed fax number(s). The facsimile machine
used complies with California Rules of Court, Rule 2003(3), and no error was reported by the
machine.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on June 1, 2015 at Monterey, California.

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__________________________________
CONNIE TABOR

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REQUEST FOR DISMISSAL WITHOUT PREJUDICE AND ORDER