Case 3:08-cv-00454-H-LSP
Document 24
Filed 08/19/2008
Page 1 of 2
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Amy B. Vandeveld, SBN 137904 LAW OFFICES OF AMY B. VANDEVELD 1850 Fifth Avenue, suite 22 San Diego, CA 92101 Telephone (619) 231-8883 Facsimile (619) 231-8329 Attorney for Plaintiff
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1011
IN THE UNITED SOUTHERN KAREL SPIKES,
Plaintiff,
STATES DISTRICT
COURT
DISTRICT OF CALIFORNIA
o~
Case No.: CV l:. CV
0 u-S'1
.-
H
(LS p)
11
12 vs
13
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NOTICE OF DISMISSAL AND DISMISSAL OF COMPLAINT WITHOUT PREJUDICE
[F.R.Civ.P. Rule 41 (a) (1), (2)]
TEPI-NORTE MEX CITY; FRANCISCO CHAVEZ; CHRISTINA CHAVEZ; ROBERTO
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II
BARNET dba OLD COTIJAS and DOES 1
THROUGH 10, Inclusive,
Defendants.
Plaintiff, "SPIKES"),
KAREL SPIKES, requests
(hereinafter
referred to Federal
to as Rules of
hereby
that, pursuant
Civil Procedure, dismissal without
Rule 41 (a) (1) and prejudice
(2), this Court enter a Complaint in USDC Case
of Plaintiff's
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No. 08 CV 454 H (LSP) in it's entirety.
SPIKES further requests
22 that the Court order that parties shall bear his, her and/or its
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own costs and fees.
F AMY B. VANDEVELD 25 26 27 28
DATED: ~
By:
Case 3:08-cv-00454-H-LSP
Document 24
Filed 08/19/2008
Page 2 of 2
PROOF OF SERVICE
I, the undersigned, declare that: I am authorized to serve the following document(s) in the within action pursuant to F.R.Civ.P. 4(c) and that the documents were served on today's date as follows:
1.
Case Name/USDC Number: Spikes v. Tepi Norte Mex-City. et. al. USDC No.: 08 cv 0454 H (LSP) Document(s) served: NOTICE OF DISMISSAL AND DISMISSAL OF COMPLAINT WOTHOUT PREJUDICE
Person(s) served/Place of service: Benjamin Martinez TEPI NORTE 1617 Woodville Ave Chula Vista, CA 91913-1577 Defendant
2.
3.
4.
Manner of Service:
(a) Personal Service: to the person served By handing [F.R.Civ.P. copies of the 5(b) (2) (A)].
document(s)
L
(b)
Service bv Mail:
I am "readily familiar" with
the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid, at San Diego, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing
in the affidavit. [F.R.Civ.P. 5(b)
Procedure, Sections
(c)
(2) (B);
Cal. Code of Civil From Fax No. (619) 231-
1013a, 2015]
Facsimile Transmission:
8329 to the facsimile The facsimile machine error was reported by
number(s) listed on this proof of service. I used complied with Rule 2003(3), and no the machine. [[F.R.Civ.P. 5(b) (2) (D)].
I declare under penalty of perjury, under the laws of the State of California and the United States of America, that the foregoing is true and correct.
Executed On:
~
.
J I5/DrC
By:
LAURIE MI
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