Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-02167-DMS-NLS

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Filed 05/23/2008

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KAREN P. HEWITT United States Attorney DAVID B. WALLACE Assistant U.S. Attorney California State Bar No. 172193 United States Attorney's Office 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-5049 [email protected] Attorneys for Defendant United States of America UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA LAURA CRANN, formerly known as LAURA CARDOSO, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) No. 07CV2167-DMS (NLS)

12 v. 13 14 UNITED STATES OF AMERICA, 15 Defendant. 16 17

JOINT MOTION TO DISMISS ACTION WITH PREJUDICE

COME NOW THE PARTIES, Plaintiff Laura Crann, by and through counsel, Raymond Pacello, 18 The Arnold Law Firm, and Defendant United States of America, by and through its counsel, Karen P. 19 Hewitt, United States Attorney, and David B. Wallace, Assistant United States Attorney, and hereby 20 jointly move the Court to dismiss this action with prejudice. This is an action brought under the Federal 21 Tort Claims Act, 28 U.S.C. §§1346(b), 2671-80. Counsel for the parties have reached an out of court 22 settlement and thus, agree that the above-captioned case should be dismissed in its entirety. 23 It is further agreed that each party will bear its own attorneys' fees and costs of suit. 24 // 25 // 26 // 27 // 28

Case 3:07-cv-02167-DMS-NLS

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Filed 05/23/2008

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Based upon the foregoing, it is respectfully requested that the Court enter an order dismissing the action with prejudice. DATED: May 23, 2008 KAREN P. HEWITT United States Attorney s/David B. Wallace Assistant U. S. Attorney E-Mail: [email protected] Counsel for Defendant Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures

8 of the United States District Court for the Southern District of California, I certify that the content of 9 this document is acceptable to counsel for the Plaintiffs and that I have obtained authorization from 10 Raymond Pacello, The Arnold Law Firm, to affix his electronic signature to this document. 11 12 DATED: May 23, 2008 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 s/Raymond Pacello The Arnold Law Firm Attorney for Plaintiff E-Mail: [email protected]

07cv2167

Case 3:07-cv-02167-DMS-NLS

Document 12

Filed 05/23/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA LAURA CRANN, formerly known as LAURA CARDOSO Plaintiff, ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 07cv2167-DMS (NLS) CERTIFICATE OF SERVICE

UNITED STATES OF AMERICA,

I, am a citizen of the United States and am at least eighteen years of age. My business address 10 is 880 Front Street, Room 6293, San Diego, California 92101-8893. I am not a party to the above11 entitled action. I have caused service of JOINT MOTION TO DISMISS ACTION WITH 12 PREJUDICE on the following parties by electronically filing the foregoing with the Clerk of the 13 District Court using its ECF System, which electronically notifies them. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/David B. Wallace DAVID B. WALLACE Raymond Pacello, Jr Law Offices of Robert Bruce Arnold 2329 India Street San Diego, CA 92101 (619)233-1096 Fax: (619)233-1607 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 23, 2008

07cv2167