Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00336-JAH-POR

Document 8

Filed 06/17/2008

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LYNN HUBBARD, III, SBN 69773 SCOTTLYNN J HUBBARD IV, SBN 212970 2 DISABLED ADVOCACY GROUP, APLC 12 Williamsburg Lane 3 Chico, CA 95926 Telephone: (530) 895-3252 4 Fax: (530) 894-8244
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Attorneys for Plaintiff

ERNEST SLOME, SBN 122419 LEWIS BRISBOIS BISGAARD & SMITH, LLP 550 West "C" Street, Suite 800 8 San Diego, CA 92101 Telephone: (619) 233-1006 9 Fax: (619) 233-8627
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Attorney for Defendant S & C Ramirez Enterprises Inc.

RICK BERGSTROM, SBN 169594 MORRISON & FOERSTER, LLP 12531 High Bluff Drive, Suite 100 13 San Diego, CA 92130 Telephone: (858) 720-5100 14 Fax: (858) 720 5125
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Attorney for Defendant McDonald's Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

BARBARA HUBBARD, Plaintiff, v.

Case No. 08 cv 0336 JAH (POR) AMENDMENT TO JOINT MOTION FOR DISMISSAL

S&C RAMIREZ ENTERPRISES, 24 INC.dba McONALD'S; McDONALD'S CORP.,
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Joint Motion for Dismissal of Defendant S & C Ramirez Enterprises.

Defendants.

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Hubbard v. McDonald's Case No. 08cv0336 JAH POR

Case 3:08-cv-00336-JAH-POR

Document 8

Filed 06/17/2008

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IT IS HEREBY JOINTLY REQUESTED, pursuant to settlement and release agreements between Plaintiff, BARBARA J HUBBARD, and Defendant, BOTO ENTERPRISES INC., erroneously sued as S & C RAMIREZ ENTERPRISES, INC. dba McDONALD'S, and McDONALD'S CORP. that this Court enter a dismissal with prejudice of Plaintiff's complaint in the above-entitled action pursuant to Fed. R. Civ. P. 41 as to Defendant BOTO ENTERPRISES INC.,erroneously sued as S & C RAMIREZ ENTERPRISES, INC.dba McDONALD'S and McDONALD'S CORP. Nothing in this Joint Motion shall be construed to affect Plaintiffs' complaint and claims in the above referenced case against Defendant other than Defendant BOTO ENTERPRISES INC., erroneously sued as S & C RAMIREZ ENTERPRISES, INC. dba McDONALD'S and McDONALD'S CORP.

Dated: June 17, 2008

DISABLED ADVOCACY GROUP, APLC /s/ Lynn Hubbard III LYNN HUBBARD, III Attorney for Plaintiff Barbara Hubbard

Dated: June 17, 2008

LEWIS BRISBOIS BISGAARD & SMITH, LLP /s/ Ernest Slome ERNEST SLOME Attorney for Defendant S & C Ramirez Enterprises, Inc.

Dated: June 17, 2008

MORRISON & FOERSTER LLP. /s/ Rick Bergstrom RICK BREGSTROM Attorney for Defendant McDonald's Corp.

Joint Motion for Dismissal of Defendant S & C Ramirez Enterprises.

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Hubbard v. McDonald's Case No. 08cv0336 JAH POR

Case 3:08-cv-00336-JAH-POR

Document 8

Filed 06/17/2008

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF BUTTE I, Jacqueline Martin, am employed in the aforesaid County; I am over the age of 18 years and not a party to the within action; my business address is 12 Williamsburg Lane, Chico, Butte County, California 95926. On June 17, 2008, I caused the document(s) described as: JOINT MOTION FOR DISMISSAL to be served on the interested parties in this action as follows: On all parties identified for Notice of Electronic Filing generated by the Court's CM/ECF system under the above referenced case caption and number on this date, in the following manner: The following is a procedure in which service of this document was effected: (xx) ELECTRONIC SERVICE - by causing the document to be served via the Court's ECF Filing System. ( ) OVERNIGHT DELIVERY - by causing said envelope(s) to be delivered overnight via an overnight delivery service in lieu of delivery by mail to the addressee(s). ( ) FAX - by transmitting pursuant to Rules 2001 et seq., the above-described document(s) by facsimile machine (which complied with Rule 2003(3)). The transmission originated from facsimile phone number (530) 894-8244, and was reported complete without error. The facsimile machine properly issued a transmission report. ( ) PERSONAL SERVICE - by causing to be delivered such document by hand to the offices of the addressee(s).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: June 17, 2008 /s/ Jacqueline Martin Jacqueline Martin

Joint Motion for Dismissal of Defendant S & C Ramirez Enterprises.

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Hubbard v. McDonald's Case No. 08cv0336 JAH POR