Free Motion to Dismiss - District Court of California - California

Case 3:07-cv-04352-EMC

Document 10

Filed 10/17/2007

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ATTORNEYS AT LAW 222 RUSH LANDING ROAD P O BOX 6169 NOVATO, CALIFORNIA 94948-6169 (415) 898-1555

ALAN R. BRAYTON, ESQ., S.B. #73685 DAVID R. DONADIO, ESQ., S.B. #154436 BRAYTON~PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 (415) 898-1555 (415) 898-1247 (Fax No.) Attorneys for Plaintiffs

THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JENNIFER S. CAROLAN as Wrongful Death Heir, and as Successor-in-Interest to MICHAEL T. CAROLAN, Deceased; and GILLIAN CAROLAN, as Legal Heir of MICHAEL T. CAROLAN, Deceased, LORETTA PRETTYMAN as Wrongful Death Heir, and as Successor-in-Interest to LARRY PRETTYMAN, Deceased; and CATHERINE PRETTYMAN, DUSTIN PRETTYMAN, CHARLIENA PRETTYMAN, D.S. a Minor by and through his Guardian ad Litem Catherine Prettyman, J.S., a Minor by and through his Guardian ad Litem Catherine Prettyman, P.S., a Minor by and through his Guardian ad Litem Catherine Prettyman, as Legal Heirs of LARRY PRETTYMAN, Deceased, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C07-4352-EMC

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BRAYTON~PURCELL LLP

JOINT STIPULATION AND MOTION TO DISMISS PLAINTIFFS "D.S.", "J.S." AND "P.S.", ONLY, WITHOUT PREJUDICE; [PROPOSED] ORDER

vs. 23 GENERAL ELECTRIC COMPANY, 24 Defendant. 25 26

The parties hereby jointly stipulate to and respectfully move to Court to dismiss only 27 Plaintiffs identified as "D.S.", "J.S." and "P.S." from above-entitled action without prejudice 28
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JOINT STIPULATION AND MOTION TO DISMISS PLAINTIFFS "D.S.", "J.S." AND "P.S.", ONLY, WITHOUT PREJUDICE; [PROPOSED] ORDER - C07-4526-EMC

Case 3:07-cv-04352-EMC

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Filed 10/17/2007

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with each party to bear its own costs. In conformance with General Order 53 of this Court, the initials D.S., J.S., and P.S., are used because legal heirs D.S., J.S., P.S. are minors. The parties have already signed a joint stipulation to Consent to Proceed Before a United States Magistrate Judge. WHEREFORE the parties request that the Court enter an Order dismissing this action without prejudice, only as to "D.S.", "J.S." and "P.S.", each party to bear its own costs. Dated: October 17, 2007 BRAYTON~PURCELL LLP /s/ David R. Donadio

10 By: 11 12 13 Dated:October 17, 2007 14 15 16 17 18 19 IT IS SO ORDERED: 20 21 22 23 24 25 26 27 28
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____________________ David R. Donadio Attorneys for Plaintiffs

SEDGWICK, DETERT, MORAN & ARNOLD, LLP /s/ Derek Johnson By: ____________________ Derek Johnson Attorneys for Defendant, GENERAL ELECTRIC COMPANY

_______________________________ Edward M. Chen United States Magistrate Judge

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JOINT STIPULATION AND MOTION TO DISMISS PLAINTIFFS "D.S.", "J.S." AND "P.S.", ONLY, WITHOUT PREJUDICE; [PROPOSED] ORDER - C07-4526-EMC