Opinion
No. 3:08-cv-04571-MMC
10-20-2011
KFD ENTERPRISES, INC., a California corporation dba Norman's Dry Cleaner, Plaintiff, v. CITY OF EUREKA, et al., Defendants.
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.) GREBEN & ASSOCIATES Jan A. Greben Jeff Coyner Danielle De Smeth Attorneys for Plaintiff KFD ENTERPRISES, INC., a California corporation dba Norman's Dry Cleaner
Eric Grant (Bar No. 151064)
Hicks Thomas LLP
John B. Thomas (Bar No. 269538)
Jay N. Gross (pro hac vice)
Hicks Thomas LLP
Counsel for Defendant
R.R. STREET & CO. INC.
AND ALL RELATED CROSS-CLAIMS
AND THIRD-PARTY CLAIMS.
ORDER GRANTING
STIPULATED REQUEST FOR
VOLUNTARY DISMISSAL WITH
PREJUDICE OF PLAINTIFF KFD
ENTERPRISES, INC.'S ENTIRE
ACTION AGAINST DEFENDANT
R.R. STREET & CO. INC.
[Fed. R. Civ. P. 41(a)(2); Civil L.R. 7-12]
Courtroom: 7 (19th Floor)
Judge: Hon. Maxine M. Chesney
Pursuant to Federal Rule of Civil Procedure 41(a)(2) and Civil L.R. 7-12, Plaintiff KFD Enterprises, Inc. ("KFD") and Defendant R.R. Street & Co. Inc. ("Street") hereby stipulate and respectfully request judicial action as follows:
WHEREAS, KFD has asserted and prosecuted this action against Street, among other parties;
WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(2), KFD now desires to dismiss with prejudice its entire action, and all claims encompassed therein, against Street, while continuing its action against all 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, KFD and Street agree that each party will bear its own costs and attorneys' fees with respect to KFD's action against Street;
THEREFORE, the parties hereto stipulate and respectfully request that this Court enter an order dismissing with prejudice KFD's entire action, 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.)
GREBEN & ASSOCIATES
Jan A. Greben
Jeff Coyner
Danielle De Smeth
Attorneys for Plaintiff KFD ENTERPRISES,
INC., a California corporation dba Norman's
Dry Cleaner
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Hon. MAXINE M. CHESNEY
United States District Judge