Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00471-JAH-LSP

Document 45

Filed 07/22/2008

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LYNN HUBBARD III SBN: 69773 SCOTTLYNN J HUBBARD IV, SBN: 212970 2 DISABLED ADVOCACY GROUP, APLC 12 Williamsburg Lane 3 Chico, CA 95926 Telephone: (530) 895-3252 4 Fax: (530) 894-8244
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Attorneys for Plaintiff

MAX FISCHER, SBN: 226003 SIDLEY AUSTIN, LLP 8 555 West Fifth Street, Suite 4000 9 Los Angeles CA 90013 Telephone: (213) 896-6000 10 Fax: (213) 896-6600
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Attorney for Defendant

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARBARA HUBBARD, Plaintiff, vs. JOINT MOTION FOR DISMISSAL Case No. 08CV0471 JAH (LSP)

C. V. CENTER, INC., a DELAWARE 21 CORPORATION et al.,
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Joint Motion for Dismissal of Defendant C.V. Center.

Defendant.
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Hubbard v. C. V. Center et al,. Case No. 08cv0471 JAH (LSP)

Case 3:08-cv-00471-JAH-LSP

Document 45

Filed 07/22/2008

Page 2 of 3

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Joint Motion for Dismissal of Defendant C.V. Center.

IT IS HEREBY JOINTLY REQUESTED , pursuant to a settlement and release agreement between Plaintiff, BARBARA J. HUBBARD, and Defendant, C. V. CENTER, INC. a Delaware Corporation, that this Court enter a dismissal with prejudice of Plaintiff's complaint in the above-entitled action pursuant to Fed. R. Civ. P. 41, as to Defendant C.V. CENTER INC., a DELAWARE CORPORATION, only. Nothing in this Joint Motion shall be construed to affect Plaintiff's complaint and claims in the above-referenced case against Defendant other than Defendant C.V. CENTER INC., a DELAWARE CORPORATION, only

Dated: July 22, 2008

DISABLED ADVOCACY GROUP, APLC /s/ Lynn Hubbard III Esq LYNN HUBBARD III Attorney for Plaintiff BARBARA J. HUBBARD

Dated: July 22, 2008

SIDLEY AUSTIN, LLP

/s/ Max Fischer Esq. MAX FISCHER Attorney for Defendant C. V. CENTER INC., a Delaware Corporation

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Hubbard v. C. V. Center et al,. Case No. 08cv0471 JAH (LSP)

Case 3:08-cv-00471-JAH-LSP

Document 45

Filed 07/22/2008

Page 3 of 3

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Joint Motion for Dismissal of Defendant C.V. Center.

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF BUTTE I, Lynn Hubbard, am employed in the aforesaid County; I am over the age of 18 years and not a party to the within action; my business address is 12 Williamsburg Lane, Chico, Butte County, California 95926. On February 6, 2007, I caused the document(s) described as: JOINT MOTION FOR DISMISSAL to be served on the interested parties in this action as follows: On all parties identified for Notice of Electronic Filing generated by the Court's CM/ECF system under the above referenced case caption and number on this date, in the following manner: The following is a procedure in which service of this document was effected: (xx) ( ) ELECTRONIC SERVICE - by causing the document to be served via the Court's ECF Filing System. OVERNIGHT DELIVERY - by causing said envelope(s) to be delivered overnight via an overnight delivery service in lieu of delivery by mail to the addressee(s). FAX - by transmitting pursuant to Rules 2001 et seq., the above-described document(s) by facsimile machine (which complied with Rule 2003(3)). The transmission originated from facsimile phone number (530) 894-8244, and was reported complete without error. The facsimile machine properly issued a transmission report. PERSONAL SERVICE - by causing to be delivered such document by hand to the offices of the addressee(s).

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: July 22, 2008 /s/ Lynn Hubbard, III Lynn Hubbard, III

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Hubbard v. C. V. Center et al,. Case No. 08cv0471 JAH (LSP)