Lewis, et al v. Russell, et al

Filing 350

STIPULATION and ORDER signed by Judge William B. Shubb on 11/7/2011 ORDERING 349 that the action be, and hereby is, DISMISSED as against defendant Vic Manufacturing Company only, with prejudice; that the dismissal is expressly conditioned upon the terms and conditions of that certain Mutual Release of Claims entered into by and between Lewis and Vic having an Effective Date of 11/1/2011 (the "Release"); that the Court retains jurisdiction of this matter for the sole purpose of taking any action needed to enforce the terms of the Release; and that each of the parties hereto shall bear its own costs, including attorney's fees, as provided in the Release. VIC Manufacturing Company. (Reader, L)

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1 2 3 S. Craig Hunter, CA State Bar No. 125247 Attorney At Law PO Box 13810 San Luis Obispo, CA 93406 Tel: (805) 544-4980 email: craighunterlaw@sbcglobal.net 4 5 Attorneys for Plaintiffs Charles H. Lewis and Jane W. Lewis (Deceased) 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ) ) ) Plaintiffs, ) ) v. ) ) ROBERT D. RUSSELL; et al., ) ) Defendants. ) ) ) AND RELATED COUNTER, CROSS AND ) THIRD PARTY CLAIMS. ) ) CHARLES H. LEWIS, et al., Case No. CIV. S-03-2646 WBS CKD STIPULATION FOR ORDER OF DISMISSAL [FRCP 41(a)(2)] [Proposed] ORDER OF DISMISSAL Plaintiff Charles H. Lewis, on behalf of himself and for Jane W. Lewis, Deceased 20 (“Lewis”), and defendant Vic Manufacturing Company, a dissolved Minnesota corporation 21 (“Vic”), through their respective attorneys of record, stipulate to an order of the above-entitled 22 Court dismissing the above-entitled action, as against Vic only, with prejudice, according to the 23 terms of a Mutual Release of Claims (the “Release”), having an “Effective Date” of November 1, 24 2011, entered into by and between Lewis and Vic. 25 26 27 28 Dated: November _1___, 2011. /s/ S. Craig Hunter Attorney for Plaintiffs Charles H. Lewis and Jane W. Lewis (Deceased) -1- Stipulation for Order of Dismissal of Defendant Vic Manufacturing Company.; [Proposed] Order of Dismissal 1 Dated: November _2___, 2011. WEYAND LAW FIRM 2 By: /s/ Paul P. DeAngelis Attorneys for Vic Manufacturing Company, a dissolved Minnesota corporation 3 4 5 6 7 ORDER OF DISMISSAL 8 The Court, having reviewed and considered the stipulation set forth above, and good 9 cause appearing therefor: 10 IT IS HEREBY ORDERED that the above-entitled action be, and hereby is, dismissed, 11 as against defendant Vic Manufacturing Company only, with prejudice. 12 IT IS ALSO HEREBY ORDERED that the dismissal is expressly conditioned upon 13 the terms and conditions of that certain Mutual Release of Claims entered into by and between 14 Lewis and Vic having an Effective Date of November 1, 2011 (the “Release”). 15 IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter 16 for the sole purpose of taking any action needed to enforce the terms of the Release. 17 IT IS FURTHER HEREBY ORDERED that each of the parties hereto shall bear its 18 own costs, including attorney’s fees, as provided in the Release. 19 20 21 Dated: November 7, 2011 22 23 24 25 26 27 28 -2Stipulation for Order of Dismissal of Defendant Vic Manufacturing Company.; [Proposed] Order of Dismissal

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