Opinion
No. 3:08-cv-04571-MMC
10-26-2011
KFD ENTERPRISES, INC., a California corporation dba Norman's Dry Cleaner, Plaintiff, v. CITY OF EUREKA, et al., Defendants. AND ALL RELATED CROSS-CLAIMS AND THIRD-PARTY CLAIMS.
Eric Grant John B. Thomas Jay N. Gross Hicks Thomas LLP Counsel for Defendant R.R. STREET & CO. INC. DAVIDOVITZ & BENNETT LLP CHARLES BOLCOM MORIS DAVIDOVITZ CHARLES BOLCOM Attorneys for Defendant, Cross-Claimant and Counter-Claimant CITY OF EUREKA
Eric Grant (Bar No. 151064)
grant@hicks-thomas.com
Hicks Thomas LLP
8001 Folsom Boulevard, Suite 100
Sacramento, California 95826
Telephone: (916) 388-0833
Facsimile: (916) 691-3261
John B. Thomas (Bar No. 269538)
jthomas@hicks-thomas.com
Jay N. Gross (pro hac vice)
jgross@hicks-thomas.com
Hicks Thomas LLP
700 Louisiana Street, Suite 2000
Houston, Texas 77002
Telephone: (713) 547-9100
Facsimile: (713) 547-9150
Counsel for Defendant
R.R. STREET & CO. INC.
STIPULATED REQUEST FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE OF DEFENDANT CITY
OF EUREKA'S ENTIRE CROSS
CLAIM AGAINST DEFENDANT
R.R. STREET & CO. INC.
[Fed. R. Civ. P. 41(a)(2), (c); Civil L.R. 7-12]
Judge: Hon. Maxine M. Chesney
Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Civil L.R. 7-12, Defendant City of Eureka (the "City") and Defendant R.R. Street & Co. Inc. ("Street") hereby stipulate and respectfully request judicial action as follows:
WHEREAS, the City has asserted and prosecuted within this action a cross-claim against Street, among other parties;
WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(2)—as made applicable by Rule 41(c)—the City now desires to dismiss with prejudice its entire cross-claim, and all claims encompassed therein, against Street, while continuing its various claims against other parties, cf. Hells Canyon Preservation Council v. United States Forest Service, 403 F.3d 683, 687 (9th Cir. 2005) (observing that Rule 41(a) "allow[s] the dismissal of all claims against one defendant, so that a defendant may be dismissed from the entire action"); and
WHEREAS, the City and Street agree that each party will bear its own costs and attorneys' fees with respect to the City's cross-claim against Street;
THEREFORE, the parties hereto stipulate and respectfully request that this Court enter an order dismissing with prejudice the City's entire cross-claim, and all claims encompassed therein, against Street only, each party to bear its own costs and attorneys' fees.
Respectfully submitted,
Eric Grant
John B. Thomas
Jay N. Gross
Hicks Thomas LLP
Counsel for Defendant
R.R. STREET & CO. INC.
(The filer hereby attests that concurrence in
the filing of this document has been obtained
from the signatory below.)
DAVIDOVITZ & BENNETT LLP
By: CHARLES BOLCOM
MORIS DAVIDOVITZ
CHARLES BOLCOM
Attorneys for Defendant, Cross-Claimant and
Counter-Claimant CITY OF EUREKA
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Hon. MAXINE M. CHESNEY
United States District Judge