Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00145-BEN-POR

Document 31

Filed 06/09/2008

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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 Facsimile: (530) 894-8244
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Attorneys for Plaintiff Matt Strong

HELEN CHO, SBN 248290 KATTEN MUCHIN ROSENMAN, LLP 2029 CENTURY PARK EAST, SUITE 2600 8 LOS ANGELES, CA 90067 9 Telephone: (310) 788-4400 Facsimile: (310) 788-4471
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Attorneys for Defendant Westfield America, LP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

MATT STRONG, Plaintiff, v. WESTFIELD AMERICA INC, et al., Defendants. /

Case No. 08cv0145 BEN (POR) JOINT MOTION FOR DISMISSAL

PURSUANT TO A SETTLEMENT AGREEMENT AND RELEASE, it is hereby jointly requested, by plaintiff, MATT STRONG, and defendant, WESTFIELD AMERICA, LP, erroneously sued as WESTFIELD AMERICA INC., that this Court enter a dismissal with prejudice of plaintiff's complaint in the above-entitled action pursuant to Fed. R. Civ. P. 41. The dismissal with prejudice shall dismiss the action in its entirety.
Joint Motion for Dismissal Strong v Westfield America Inc.,et al. 08cv0145 BEN (POR)

Case 3:08-cv-00145-BEN-POR

Document 31

Filed 06/09/2008

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Joint Motion for Dismissal Strong v Westfield America Inc.,et al.

Dated: June 9, 2008

DISABLED ADVOCACY GROUP, APLC /s/ Lynn Hubbard, III, Esquire LYNN HUBBARD, III Attorney for Plaintiff Matt Strong

Dated: June 9, 2008

KATTEN MUCHIN ROSENMAN, LLP /s/ Helen Cho, Esquire HELEN CHO Attorney for Defendant Westfield America, LP

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08cv0145 BEN (POR)

Case 3:08-cv-00145-BEN-POR

Document 31

Filed 06/09/2008

Page 3 of 3

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF BUTTE

I, Merry M. Lowe, 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 5 Lane, Chico, California 95926.
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On June 9, 2008, I caused to be served the document described as JOINT MOTION FOR DISMISSAL 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 filing system under the above referenced case number and case 10 caption on this date in the following manner:
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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. ( ) U.S. Postal Service (by placing for collection and deposit in the United States mail a copy of said document at the Disabled Advocacy Group, APLC, 12 Williamsburg Lane, Chico, Butte County, California, in a sealed envelope, with postage fully prepaid. (xx) Federal: I declare that I am employed in the office of a member of the bar of this court, at whose direction the service was made.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 20
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Joint Motion for Dismissal Strong v Westfield America Inc.,et al.

Dated: June 9, 2008

/s/ Merry M. Lowe MERRY M. LOWE

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08cv0145 BEN (POR)