McKeon v. Guggenheim
Filing
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/2/11 DISMISSING CASE With Prejudice. CASE CLOSED. (Meuleman, A)
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DENNIS M. COTA, Bar No. 127992
CAROLYN J. FRANK, Bar No. 245479
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
(916) 780-9009
Facsimile:
(916) 780-9050
Attorneys for Plaintiff
Howard McKeon
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HOWARD MCKEON,
Case No. 2:09 CV-03288-KJM JFM
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Plaintiff,
STIPULATION FOR DISMISSAL
WITH PREJUDICE; ORDER
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v.
JOSE GUGGENHEIM, et al.,
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Defendants.
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Pursuant to Federal Rule of Civil Procedure 41(a)(1), the parties to this action, through
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their respective counsel of record, hereby stipulate to the dismissal of this action in its entirety,
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including Plaintiff's Complaint and Defendant's Cross-Complaint, with prejudice.
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DATED: May 31, 2011
COTA COLE LLP
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/s/ Carolyn J. Frank
Carolyn J. Frank
Attorneys for Plaintiff
Howard McKeon
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DATED: May 31, 2011
COTTON & GUNDZIK LLP
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{JM/00015874.2}
/s/ Aaron C. Gundzik
Aaron C. Gundzik
Attorneys for Defendant
Jose Guggenheim
STIPULATION FOR DISMISSAL WITH PREJUDICE; ORDER
Case No. 2:09 CV-03288-JAM JFM
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ORDER
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Based on the foregoing Stipulation for Dismissal and good cause appearing therefor,
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IT IS SO ORDERED that the above-entitled case is dismissed with prejudice. This case is
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closed.
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Dated: June 2, 2011
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UNITED STATES DISTRICT JUDGE
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{JM/00015874.2}
-2STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER
Case No. 2:09 CV-03288-JAM JFM
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PROOF OF SERVICE
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I, Mylene Tiongco, declare that I am a resident of the State of California and over
the age of eighteen years, and not a party to the within action. My business address is Cota Cole
LLP, 2261 Lava Ridge Court, Roseville, CA 95661. On May 31, 2011, I served the within
document(s):
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STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED]
ORDER
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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Roseville, California, addressed as set
forth below.
I caused such envelope to be delivered via overnight delivery addressed as
indicated on the attached service list. Such envelope was deposited for delivery by
_____________________ following the firm's ordinary business practices.
by Federal Court email: by the electronic service procedures of the United States
District Court, Eastern District of California, on all parties not served by mail.
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COTA COLE LLP
2261 LAVA RIDGE COURT
ROSEVILLE, CALIFORNIA 95661
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Aaron C. Gundzik
Cotton & Gundzik, LLP
624 South Grand Avenue, 22nd Floor
Los Angeles, CA 90017
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Attorneys for Defendant
JOSE GUGGENHEIM
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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 that same day with postage thereon fully prepaid 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.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on May 31, 2011, at Roseville, California.
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Mylene Tiongco
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{JM/00015874.2}
STIPULATION FOR DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER
Case No. 2:09 CV-03288-JAM JFM
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