Filed: Feb. 28, 2019
Latest Update: Feb. 28, 2019
Summary: JOINT STIPULATION REGARDING PLAINTIFF'S VOLUNTARY DISMISSAL OF NAMED DEFENDANT VINCE WILSON; AND ORDER BARBARA A. McAULIFFE , Magistrate Judge . WHEREAS, on January 30, 2018, Plaintiff filed his Complaint in the Tulare County Superior Court, Case No. VCU272527, naming International Paper Company, Inc., dba International Paper and Vince Wilson as defendants; WHEREAS, Defendants have provided Plaintiff with evidence which supports a dismissal of Defendant Vince Wilson from this Action; WHE
Summary: JOINT STIPULATION REGARDING PLAINTIFF'S VOLUNTARY DISMISSAL OF NAMED DEFENDANT VINCE WILSON; AND ORDER BARBARA A. McAULIFFE , Magistrate Judge . WHEREAS, on January 30, 2018, Plaintiff filed his Complaint in the Tulare County Superior Court, Case No. VCU272527, naming International Paper Company, Inc., dba International Paper and Vince Wilson as defendants; WHEREAS, Defendants have provided Plaintiff with evidence which supports a dismissal of Defendant Vince Wilson from this Action; WHER..
More
JOINT STIPULATION REGARDING PLAINTIFF'S VOLUNTARY DISMISSAL OF NAMED DEFENDANT VINCE WILSON; AND ORDER
BARBARA A. McAULIFFE, Magistrate Judge.
WHEREAS, on January 30, 2018, Plaintiff filed his Complaint in the Tulare County Superior Court, Case No. VCU272527, naming International Paper Company, Inc., dba International Paper and Vince Wilson as defendants;
WHEREAS, Defendants have provided Plaintiff with evidence which supports a dismissal of Defendant Vince Wilson from this Action;
WHEREAS, Plaintiff filed a Request for Dismissal of Defendant Vince Wilson in the Tulare County Superior Court. On August 29, 2018, the court entered the dismissal as requested.
WHEREAS, on September 25, 2018, Defendant Graphic Packaging, LLC (sued and served as "International Paper Company Inc. dba International Paper") filed its Notice to State Court of Removal of Action to Federal Court.
WHEREAS, on January 29, 2019, the Court requested clarification as to whether Plaintiff intended to proceed with an action against Defendant Vince Wilson.
WHEREAS, counsel for Plaintiff and Defendants have met and conferred regarding the merits of Plaintiff's claims against Defendant Vince Wilson. The Parties which to economically dispose of claims without the need for costly motion practice, further discovery, potential cross-claims, etc;
THEREFORE, the Parties hereby stipulate to the following:
1. Plaintiff dismisses Defendant Vince Wilson without prejudice, in exchange for mutual waivers of fees and costs to date.
2. Defendant Graphic Packaging, LLC (sued and served as "International Paper Company Inc. dba International Paper") is aware of and consents to this joint stipulation, but will remain a named Defendant in this Action, otherwise unaffected by this joint stipulation.
IT IS SO STIPULATED.
ORDER
In light of the parties' stipulation that Defendant Vince Wilson has been dismissed without prejudice, Plaintiff Angel Leon's action only against Defendant Vince Wilson is terminated by operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The caption for this case should reflect that this action proceeds only against Defendant Graphic Packaging, LLC (sued and served as "International Paper Company Inc. dba International Paper") and no longer proceeds against Defendant Vince Wilson. The Clerk of the Court is directed to update the docket accordingly and not close this action.
IT IS SO ORDERED.
