Free Stipulation - District Court of California - California

Case 5:07-cv-05027-HRL

Document 9

Filed 02/05/2008

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PINNOCK & WAKEFIELD, A.P.C. David C. Wakefield, Esq. Bar #: 185736 Theodore A. Pinnock, Esq. Bar #: 153434 3033 Fifth Avenue, Suite 410 San Diego, CA 92103 Telephone: (619) 858-3671 Facsimile: (619) 858-3646 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ROBERT MCCARTHY Plaintiff, v. ALTAMIRA CORPORATION d.b.a. ARBY'S ROAST BEEF RESTAURANT; CHERRY CHASE INVESTORS; And DOES 1 THROUGH 10, Inclusive, Defendants.

Case No.: C07-05027 HRL STIPULATED DISMISSAL WITH PREJUDICE OF ALL DEFENDANTS AND PLAINTIFF'S COMPLAINT IN ITS ENTIRETY.

[Fed.R.Civ.P. Rule 41(a)(2)]

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1 Document Date: January 8, 2008

Case Number: C07-05027 HRL Stipulated Dismissal

Case 5:07-cv-05027-HRL

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IT IS HEREBY STIPULATED by and between ROBERT MCCARTHY, Plaintiff, on the one hand, and Defendants ALTAMIRA CORPORATION d.b.a. ARBY'S ROAST BEEF RESTAURANT and CHERRY CHASE INVESTORS on the other hand, through their respective attorneys of record that, pursuant to Federal Rules of Civil Procedure, Rule 41 (a)(1) and (2), this Court enter a dismissal with prejudice of all Defendants including but not limited to Defendants ALTAMIRA CORPORATION d.b.a. ARBY'S ROAST BEEF RESTAURANT and CHERRY CHASE INVESTORS, from Plaintiff's Complaint. Additionally, Plaintiff requests that Plaintiff's complaint be dismissed with prejudice in its entirety.

IT IS SO STIPULATED.

Dated: 1-15-2008

PINNOCK & WAKEFIELD, A.P.C.

By:

_/S/ David C. Wakefield_____________ DAVID C. WAKEFIELD, ESQ. Attorneys for Plaintiff

Dated: 1-15-2008

LITTLER MENDELSON

By:

_/S/_Tyler M. Paetkau______________ TYLER M. PAETKAU, ESQ Attorney for Defendants

2 Document Date: January 8, 2008

Case Number: C07-05027 HRL Stipulated Dismissal

Case 5:07-cv-05027-HRL

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Filed 02/05/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ____ BY MAIL: placing _____ the original _____ a true copy thereof enclosed in sealed enveloped addressed as stated above. 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, mailed 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 postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. __X___ FEDERAL: I declare that I am employed in the office of a member of the Bar of this Court, at whose direction this service was made. EXECUTED on February 5, 2008, at San Diego, California. /S/_David C. Wakefield__________ David C. Wakefield CERTIFICATE OF PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action; my business address is 3033 Fifth Avenue, Suite 410, San Diego, California, 92103. On this date, I served the following document(s) described as STIPULATED DISMISSAL WITH PREJUDICE OF ALL DEFENDANTS AND PLAINTIFFS' COMPLAINT IN ITS ENTIRETY and ORDER FOR DISMISSAL WITH PREJUDICE OF ALL DEFENDANTS AND PLAINTIFFS' COMPLAINT IN ITS ENTIRETY. on the following parties in this action by: __X___ BY ELECTRONIC SERVICE TRANSMISSION via the United States District Court, Northern District of California, Case Management/Electronic Case Files, Filing System. I served a copy of the above listed document(s) to the e-mail addresses of the addressee(s) by use of email as identified and maintained therein. Tyler M. Paetkau, Esq Aisha Barbeau, Esq. Littler Mendelson 650 California Street, 20th Floor San Francisco, CA 94108 Tel: 415.677.3157 Fax: 415. 399.8490 Email: [email protected] Email: [email protected] Attorneys for all Defendants

3 Document Date: January 8, 2008

Case Number: C07-05027 HRL Stipulated Dismissal