Opinion
No. 2:11-CV-02202-LKK-CKD
01-09-2012
CASEY MITCHELL and MICHAEL MITCHELL, a minor, by Bonnie Mitchell, his natural parent and guardian ad litem, Plaintiffs, v. RIVERSTONE RESIDENTIAL GROUP; RIVERSTONE RESIDENTIAL WEST, LLC; RIVERSTONE RESIDENTIAL CA, INC.; and DOES 1 through 100, Inclusive, Defendants.
DAVID P. MASTAGNI (SBN 57721) ANTHONY P. DONOGUE (SBN 254113) MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN A Professional Corporation Attorneys for Plaintiffs
DAVID P. MASTAGNI (SBN 57721)
ANTHONY P. DONOGUE (SBN 254113)
MASTAGNI, HOLSTEDT, AMICK,
MILLER & JOHNSEN
A Professional Corporation
Attorneys for Plaintiffs
STIPULATION TO DISMISS
DEFENDANTS RIVERSTONE
RESIDENTIAL GROUP AND
RIVERSTONE WEST, LLC WITHOUT
PREJUDICE; AND ORDER
WHEREAS, Defendants RIVERSTONE RESIDENTIAL GROUP, RIVERSTONE RESIDENTIAL WEST, LLC and RIVERSTONE RESIDENTIAL CA, INC (hereinafter collectively referred to as "DEFENDANTS") and their attorney's of record represent that the properly named defendant herein is RIVERSTONE RESIDENTIAL CA, INC.;
WHEREAS DEFENDANTS agree to waive any defenses regarding statute of limitations and/or other defenses of untimeliness should discovery and investigation reveal liability attributable to RIVERSTONE RESIDENTIAL GROUP and/or RIVERSTONE RESIDENTIAL WEST, LLC;
WHEREAS Plaintiffs CASEY MITCHELL and MICHAEL MITCHELL, a minor, by Bonnie Mitchell, his natural parent and guardian ad litem (hereinafter referred to as "PLAINTIFFS") and DEFENDANTS agree that dismissal shall be without prejudice to PLAINTIFFS' rights to name RIVERSTONE RESIDENTIAL GROUP and/or RIVERSTONE RESIDENTIAL WEST, LLC as defendants should discovery and investigation reveal liability attributable to RIVERSTONE RESIDENTIAL GROUP and/or RIVERSTONE RESIDENTIAL WEST, LLC;
IT IS HEREBY STIPULATED by and between the attorneys of the parties as follows: 1. PLAINTIFFS hereby dismiss Defendants RIVERSTONE RESIDENTIAL GROUP and RIVERSTONE RESIDENTIAL WEST, LLC without prejudice. IT IS SO STIPULATED AND AGREED.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC.
By: ___________________
JOHN G. LEE
Attorneys for Defendants RIVERSTONE RESIDENTIAL
GROUP, LLC, RIVERSTONE RESIDENTIAL WEST, LLC, and
RIVERSTONE RESIDENTIAL CA, INC.
MASTAGNI, HOLSTEDT, AMICK, MILLER & JOHNSEN
A Professional Corporation
By: ______________________________
ANTHONY P. DONOGHUE
Attorneys for Plaintiffs MICHAEL MITCHELL and CASEY
MITCHELL
ORDER TO DISMISS DEFENDANTS RIVERSTONE RESIDENTIAL GROUP
AND RIVERSTONE WEST, LLC WITHOUT PREJUDICE
Upon reviewing and considering the Parties' Stipulation to Dismiss Defendants Riverstone Residential Group and Riverstone West, LLC Without Prejudice, DEFENDANTS RIVERSTONE RESIDENTIAL GROUP AND RIVERSTONE RESIDENTIAL WEST, LLC having agreed to waive any defenses regarding statute of limitations and/or other defenses of untimeliness should discovery and investigation reveal liability attributable to RIVERSTONE RESIDENTIAL GROUP and/or RIVERSTONE RESIDENTIAL WEST, LLC and good cause having been shown,\.
IT IS HEREBY ORDERED THAT:
Defendants RIVERSTONE RESIDENTIAL GROUP and RIVERSTONE RESIDENTIAL WEST, LLC are dismissed without prejudice; IT IS SO ORDERED.
________________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT