Opinion
Case No. C 11-02807 EMC
11-03-2011
SUMAIRA EBRAT, Plaintiff, v. BAYER HEALTHCARE LLC; BAYER HEALTHCARE PHARMACEUTICALS INC. and DOES 1-100, Defendants. BAYER HEALTHCARE LLC, Counterclaimant, v. SUMAIRA EBRAT, Counter-defendant.
LAW OFFICE OF JEROME SCHREIBSTEIN Jerome Schreibstein Attorneys for Defendant and Counterclaimant BAYER HEALTHCARE LLC, and Defendant BAYER HEALTHCARE PHARMACEUTICALS INC. MAYALL HURLEY KNUTSEN SMITH & GREEN Mark Adams Attorneys for Plaintiff and Counterdefendant SUMAIRA EBRAT
JEROME SCHREIBSTEIN (SBN: 154051)
LAW OFFICE OF JEROME SCHREIBSTEIN
Embarcadero Center West
Attorneys for Defendant & Counterclaimant
BAYER HEALTHCARE LLC and Defendant BAYER
HEALTHCARE PHARMACEUTICALS INC.
MARK ADAMS, ESQ. (SBN: 78706)
MAYALL HURLEY KNUTSEN SMITH & GREEN
Attorneys for Plaintiff & Counterdefendant
SUMAIRA EBRAT
STIPULATION AND ORDER RE:
DISMISSAL OF KATHY TESDALL,
BAYER PHARMACEUTICALS INC.
Date: October 25, 2011
Time: 2:30 p.m.
Place: Courtroom 5, 17th Floor
STIPULATION
The parties, defendant & counterclaimant, Bayer HealthCare LLC, and defendant Bayer HealthCare Pharmaceuticals Inc. (collectively, at times, the "Bayer Entities"), on the one hand, and plaintiff & counterdefendant, Sumaira Ebrat ("Ebrat"), on the other hand, through their respective counsel, hereby stipulate as follows:
WHEREAS, in her Complaint, Ebrat identified Kathy Tesdall as a party in the body of the pleading, though she did not name Ms. Tesdall in the Summons or caption of the Complaint;
WHEREAS, Ebrat has determined that she will not prosecute the within action against Ms. Tesdall and she will stipulate to a dismissal of the action without prejudice as to Ms. Tesdall;
WHEREAS, Ebrat named as a defendant Bayer HealthCare Pharmaceuticals Inc. in the Complaint;
WHEREAS, the Bayer Entities represent that Ebrat was never an employee of Bayer HealthCare Pharmaceuticals Inc. and that Ebrat was an employee of and terminated by Bayer HealthCare LLC;
WHEREAS, based on these representations, Ebrat has determined to dismiss without prejudice the Complaint against Bayer HealthCare Pharmaceuticals Inc.; and
WHEREAS, the parties have agreed that no party shall be entitled to its fees or costs by virtue of the above-described dismissals;
WHEREFORE, the parties hereby stipulate to the dismissal without prejudice of Kathy Tesdall and Bayer HealthCare Pharmaceuticals Inc. with a mutual waiver of fees and costs.
IT IS SO AGREED.
LAW OFFICE OF JEROME SCHREIBSTEIN
Jerome Schreibstein
Attorneys for Defendant and Counterclaimant
BAYER HEALTHCARE LLC, and Defendant
BAYER HEALTHCARE PHARMACEUTICALS
INC.
MAYALL HURLEY KNUTSEN SMITH &
GREEN
Mark Adams
Attorneys for Plaintiff and Counterdefendant
SUMAIRA EBRAT
ORDER
BASED ON THE FOREGOING STIPULATION OF THE PARTIES AND GOOD CAUSE OTHERWISE APPEARING, it is hereby ordered that Kathy Tesdall and Bayer HealthCare Pharmaceuticals Inc. are dismissed without prejudice, with a mutual waiver of fees and costs.
Judge Edward M. Chen
IT IS SO ORDERED.