Opinion
Case No.: C 03-01865 RMW.
October 6, 2005
RICHARD ALEXANDER, JEFFREY W. RICKARD, RYAN M. HAGAN, ALEXANDER, HAWES AUDET, LLP, San Jose, CA, Attorneys for Plaintiff Johanna Ware individually and as widowed spouse and executrix/administratrix of the Estate of Clyde Ware, deceased.
RANDALL C. CREECH, CREECH, LIEBOW KRAUS, San Jose, CA, Attorneys for Defendant Olin Corporation.
THOMAS M. CARNEY, admitted pro hac vice CAROL A. RUTTER, admitted pro hac vice HUSCH EPPENBERGER, LLC, St. Louis, MO, Attorneys for Defendant Olin Corporation.
Pursuant to Fed.R.Civ.P. 41(a)(2), Plaintiff Johanna Ware, individually and as widowed spouse and executrix/administratrix of the Estate of Clyde Ware, deceased and Defendant Olin Corporation hereby request that this Court, pursuant to Fed.R.Civ.P. 41(a)(2), enter an Order dismissing with prejudice all claims asserted by Johanna Ware individually and as widowed spouse and executrix/administratrix of the Estate of Clyde Ware, deceased, as to defendant Olin Corporation. All parties to bear their own costs and legal fees incurred to date in this action.
THIS MATTER coming on the motion of Plaintiff Johanna Ware individually and as widowed spouse and executrix/administratrix of the Estate of Clyde Ware, deceased, and Defendant Olin Corporation, for an order of dismissal with prejudice against the defendant OLIN CORPORATION, pursuant to Fed.R.Civ.P. 41(a)(2):
IT IS HEREBY ORDERED
The claims of Plaintiff Johanna Ware individually and as widowed spouse and executrix/administratrix of the Estate of Clyde Ware, deceased, against Defendant Olin Corporation are dismissed with prejudice, pursuant to Fed.R.Civ.Pro. 41(a)(2). Each party shall bear their own costs and legal fees incurred to date in this action.
SO ORDERED.