CB2 Builders Incorporated v. ABF Freight System, Inc.
Filing
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STIPULATION AND ORDER FOR Dismissal re 24 . Signed by Magistrate Judge Elizabeth D. Laporte on August 20, 2012. (edllc2, COURT STAFF) (Filed on 8/20/2012)
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Case3:11-cv-04096-EDL Document24 Filed08/17/12 Page1 of 3
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ROGER J. BROTHERS (State Bar No. 118622) (rbrothers@sbllp.com)
CONNOR M. DAY (State Bar No. 233245) (cday@sbllp.com)
BUCHMAN PROVINE BROTHERS SMITH LLP
1333 N. California Blvd., Suite 350
Walnut Creek, CA 94596
Telephone: (925) 944-9700
Facsimile:
(925) 944-9701
Attorneys for Plaintiff
CB2 Builders Incorporated
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CB2 BUILDERS INCORPORATED,
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Plaintiff,
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Case No. CV 11-4096 EDL
STIPULATION AND [PROPOSED] ORDER
FOR DISMISSAL
vs.
ABF FREIGHT SYSTEM, INC. and
DOES 1 through 25, inclusive,
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Defendants.
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This Stipulation and Order For Dismissal is entered into between Plaintiff, CB2 Builders
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Incorporated (“Plaintiff”), and Defendant, ABF Freight System, Inc. (“Defendant”), by and
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through their respective counsel, as follows:
RECITALS
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1.
On July 13, 2011, Plaintiff filed its complaint against Defendant in the Superior
Court of the State of California, County of San Francisco.
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On August 24, 2011, Defendant removed this action to this Court based on federal
question jurisdiction pursuant to Defendant’s Notice of Removal.
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On December 30, 2011, Plaintiff filed a First Amended Complaint for violation of
the Carmack Amendment, 49 U.S.C. § 14706, et seq.
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SHAPIRO BUCHMAN
PROVINE BROTHERS
SMITH LLP
ATTORN EY S AT LAW
60137.002/273627.1
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL (Case No. CV 11-4096 EDL)
Case3:11-cv-04096-EDL Document24 Filed08/17/12 Page2 of 3
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4.
On or about July 23, 2012, Plaintiff and Defendant entered into a Full Mutual
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Release of Claims whereby Plaintiff and Defendant agreed to resolve their respective claims in
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this action upon certain terms and conditions, including but not limited to, payment from
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Defendant to Plaintiff in return for a dismissal of this action with prejudice, each party to bear
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their own attorneys’ fees and costs.
STIPULATION
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Based on the foregoing recitals, Plaintiff, CB2 Builders Incorporated, and Defendant,
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ABF Freight System, Inc., by and through their respective counsel, hereby stipulate to dismiss the
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above-entitled action with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure,
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with each party to bear its own attorneys’ fees and costs.
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BUCHMAN PROVINE BROTHERS
SMITH LLP
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/S/Connor M. Day
Connor M. Day
Attorneys for Plaintiff CB2 Builders
Incorporated
Date: August 17, 2012
By:
Date: August 17, 2012
By: ___/S/James Attridge______
JAMES ATTRIDGE
Attorneys for Defendant ABF Freight
System, Inc.
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SHAPIRO BUCHMAN
PROVINE BROTHERS
SMITH LLP
ATTORN EY S AT LAW
60137.002/273627.1
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STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL (Case No. CV 11-4096 EDL)
Case3:11-cv-04096-EDL Document24 Filed08/17/12 Page3 of 3
ORDER
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Pursuant to the above Stipulation, IT IS HEREBY ORDERED that the above-entitled
action is dismissed, with prejudice, with each party to bear their own attorneys’ fees and costs.
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August 20
Dated: ____________, 2012
By:
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_______
Judge Elizabeth D. Laporte
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SHAPIRO BUCHMAN
PROVINE BROTHERS
SMITH LLP
ATTORN EY S AT LAW
60137.002/273627.1
-3-
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL (Case No. CV 11-4096 EDL)
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