Ted Perry v. Walgreen Co.

Filing 24

ORDER granting 23 Stipulated Dismissal Of Action With Prejudice. The Clerk shall close this file. Signed by Judge Edward J. Davila on 4/13/2016. (ejdlc1S, COURT STAFF) (Filed on 4/13/2016)

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O
IT IS S

Attorneys for Defendant
WALGREEN CO.

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w a rd J
u d ge E d

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA I S
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TED PERRY,

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Case No. 15-cv-04144-EJD
Plaintiff,

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4/13/2016
The Clerk shall
close this file.

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. D av i l a

OF
T RICT

SAN JOSE DIVISION

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R NIA

Attorneys for Plaintiff
TED PERRY

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MICHAEL N. WESTHEIMER (SBN 178938)
[e-mail]
BROOKE S. PURCELL (SBN 260058)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
S DISTRICT
Steuart Tower, Suite 1300 TE
C
TA
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
ED
Facsimile: 415.442.4870
ORDER

Sebastian L. Miller (SBN 265793)
[e-mail]
SEBASTIAN MILLER LAW, P.C.
900 Lafayette Street, Suite 201
Santa Clara, CA 95050
Telephone: [phone]
Facsimile: [phone]

UNIT
ED

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v.

STIPULATED DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R.
OF CIV. P. 41(A)(1)(A)(II)

WALGREEN CO.,
Defendant.

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STIPULATED DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV.
P. 41(A)(1)(A)(II)

Case No. 15-cv-04144-EJD

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TO THE CLERK OF THE COURT AND HONORABLE JUDGE EDWARD J. DAVILA:

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Plaintiff Ted Perry and Defendant Walgreen Co. (referred to collectively as the “Parties”),

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by and through their respective attorneys of record, hereby stipulate to the dismissal of this action

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with prejudice pursuant to Fed. R. Civ. P. Rule 41(a)(1)(A)(ii), which states that a “plaintiff may

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dismiss an action without court order by filing . . . a stipulation signed by all parties who have

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appeared.”

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effective automatically and does not require judicial approval. Hester Indus., Inc. v. Tyson Foods,

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Inc., 160 F.3d 911, 916 (2d Cir. 1998).

Thus, a properly filed stipulated dismissal made pursuant to Rule 41(a)(1)(ii) is

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RECITALS
1. On or about August 11, 2015, Plaintiff filed this case in the Superior Court, County of
Santa Clara, with case number 115CV284181 assigned (the “Action”).
2. On September 11, 2015, Defendant filed a Notice of Removal and removed the Action
to the instant court.
3. On or about March 29, 2016, the Parties participated in court-ordered mediation and
thereafter agreed to resolve all controversies to their mutual satisfaction.
STIPULATION OF DISMISSAL WITH PREJUDICE

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WHEREFORE, the Parties, through their undersigned attorneys of record, hereby stipulate

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to dismiss the instant case, with prejudice, pursuant to Rule 41(a)(1)(A)(ii). Each Party shall bear

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all of his or its own attorneys’ fees and costs in accordance with the terms of the agreement between

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the Parties. The Clerk of this Court shall close the case file.

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IT IS SO STIPULATED.

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STIPULATED DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV.
P. 41(A)(1)(A)(II)

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Case No. 15-cv-04144-EJD

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Dated: April 8, 2016

SEBASTIAN MILLER LAW, P.C.

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By:

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/s/ Sebastian L. Miller
Sebastian L. Miller
Attorneys for Plaintiff
TED PERRY

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Dated: April 8, 2016

OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.

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By:

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/s/ Michael N. Westheimer
Michael N. Westheimer
Attorneys for Defendant
WALGREEN CO.

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ATTORNEY ATTESTATION

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I, Sebastian L. Miller, attest that concurrence in the filing of this document has been

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obtained from any signatories indicated by a “conformed” signature (/s/) within this e-filed

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document. I declare under penalty of perjury under the laws of the State of California that the

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foregoing is true and correct.

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Dated: April 11, 2016

SEBASTIAN MILLER LAW, P.C.

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By: /s/ Sebastian L. Miller
Sebastian L. Miller
Attorneys for Plaintiff
TED PERRY

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STIPULATED DISMISSAL WITH
PREJUDICE PURSUANT TO FED. R. CIV.
P. 41(A)(1)(A)(II)

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Case No. 15-cv-04144-EJD