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TIMEC COMPANY, INC. v. BROWN, 2:13-CV-02521-JAM-DAD. (2014)

Court: District Court, E.D. California Number: infdco20140311854 Visitors: 23
Filed: Feb. 10, 2014
Latest Update: Feb. 10, 2014
Summary: STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANTS EDMUND G. BROWN AND CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY WITHOUT PREJUDICE JOHN A. MENDEZ, District Judge. Pursuant to F.R.C.P. Rule 41(a)(1)(a)(ii), all Plaintiffs and all Defendants hereby stipulate that: 1. Defendant Edmund G. Brown acting in his official capacity as the Governor of the State of California is dismissed from this action, without prejudice. 2. Defendant Kamala Harris, acting in her official capacity as the A
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STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANTS EDMUND G. BROWN AND CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY WITHOUT PREJUDICE

JOHN A. MENDEZ, District Judge.

Pursuant to F.R.C.P. Rule 41(a)(1)(a)(ii), all Plaintiffs and all Defendants hereby stipulate that:

1. Defendant Edmund G. Brown acting in his official capacity as the Governor of the State of California is dismissed from this action, without prejudice.

2. Defendant Kamala Harris, acting in her official capacity as the Attorney General for the State of California, will remain as a Defendant for the purpose of defending the constitutionality of California Health and Safety Code section 25536.7.

3. Defendants Baker, Ravnik, and Rodriquez, acting in their official capacities, will remain as Defendants, but without prejudice to their rights to argue subsequently that they are not proper parties.

4. Defendant California Environmental Protection Agency ("CalEPA") is dismissed from this action, without prejudice; and

5. If any party intervenes or is added as a party and successfully argues that Defendants Brown or CalEPA are necessary or indispensable parties, the remaining Defendants will not oppose a motion to re-join Brown or CalEPA as Defendants in this action.

IT IS SO STIPULATED.

Source:  Leagle

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