Filed: Aug. 01, 2018
Latest Update: Aug. 01, 2018
Summary: STIPULATION AND ORDER TO DISMISS THE KROGER COMPANY ONLY, WITHOUT PREJUDICE RICHARD F. BOULWARE, II , District Judge . WHEREAS, prior to removing this case to federal court, the parties had submitted a stipulation to dismiss defendant THE KROGER CO., improperly identified as THE KROGER COMPANY, from this litigation and to amend the caption to reflect said change; and WHEREAS, the stipulation was submitted to the State Court Judge prior to Defendant filing its Notice of Removal yet the sti
Summary: STIPULATION AND ORDER TO DISMISS THE KROGER COMPANY ONLY, WITHOUT PREJUDICE RICHARD F. BOULWARE, II , District Judge . WHEREAS, prior to removing this case to federal court, the parties had submitted a stipulation to dismiss defendant THE KROGER CO., improperly identified as THE KROGER COMPANY, from this litigation and to amend the caption to reflect said change; and WHEREAS, the stipulation was submitted to the State Court Judge prior to Defendant filing its Notice of Removal yet the stip..
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STIPULATION AND ORDER TO DISMISS THE KROGER COMPANY ONLY, WITHOUT PREJUDICE
RICHARD F. BOULWARE, II, District Judge.
WHEREAS, prior to removing this case to federal court, the parties had submitted a stipulation to dismiss defendant THE KROGER CO., improperly identified as THE KROGER COMPANY, from this litigation and to amend the caption to reflect said change; and
WHEREAS, the stipulation was submitted to the State Court Judge prior to Defendant filing its Notice of Removal yet the stipulation was not signed by the State Court Judge until after Defendant had filed its Notice of Removal and counsel for the parties hereby submit this stipulation to this Court to ensure that the Court is aware of the dismissal of said defendant;
IT IS HEREBY STIPULATED AND AGREED by and between CHARLES A. MICHALEK, ESQ. of the law firm ROGERS, MASTRANGELO, CARVALHO & MITCHELL, LTD. as counsel for Plaintiffs SABINE BARCLAY and ROBERT BARCLAY and JERRY S. BUSBY, ESQ. of the law firm COOPER LEVENSON, P.A. as counsel for Defendants SMITH'S FOOD & DRUG CENTERS, INC. improperly identified in the Complaint as "THE KROGER COMPANY d/b/a SMITH'S FOOD & DRUG CENTERS, INC." as follows:
1. That Defendant THE KROGER COMPANY only be dismissed, without prejudice, with each party to bear its own attorney fees and costs, if any, related to the naming of THE KROGER COMPANY as a Defendant in this litigation;
2. That this dismissal applies only to Defendant THE KROGER COMPANY and the litigation shall continue between Plaintiffs SABINE BARCLAY and ROBERT BARCLAY and Defendant SMITH'S FOOD & DRUG CENTERS, INC.; and
3. That in the event Plaintiff finds good cause to later include Defendant THE KROGER COMPANY in this litigation, Plaintiff shall have until the deadline for amending the pleadings established by the Court to file either a stipulation or a motion to amend to include THE KROGER COMPANY again as a Defendant in this litigation.
IT IS FURTHER STIPULATED AND AGREED that the caption of this case be amended as set forth below to indicate that SMITH'S FOOD & DRUG CENTERS, INC. is the Defendant in this case.
DATED: July 31, 2018 DATED: July 31, 2018
ROGERS, MASTRANGELO, COOPER LEVENSON, P.A.
CARVALHO & MITCHELL, LTD.
/s/ Charles A. Michalek, Esq. /s/ Jerry S. Busby
CHARLES A. MICHALEK, ESQ. JERRY S. BUSBY, ESQ.
Nevada Bar No. 005721 Nevada Bar No.001107
700 South Third Street 1835 Village Center Circle
Las Vegas, Nevada 89101 Las Vegas, Nevada 89134
(702) 383-3400 (702) 366-1125
Attorneys for Plaintiffs Attorneys for Defendant
SABINE and ROBERT BARCLAY SMITH'S FOOD & DRUG CENTERS, INC.
ORDER
IT IS SO ORDERED that:
1. Defendant THE KROGER COMPANY only be dismissed, without prejudice, with each party to bear its own attorney fees and costs, if any, related to the naming of THE KROGER COMPANY as a Defendant in this litigation;
2. This dismissal applies only to Defendant THE KROGER COMPANY and the litigation shall continue between Plaintiffs SABINE BARCLAY and ROBERT BARCLAY and Defendant SMITH'S FOOD & DRUG CENTERS, INC.;
3. In the event Plaintiff finds good cause to later include Defendant THE KROGER COMPANY in this litigation, Plaintiff shall have until the deadline for amending the pleadings established by the Court to either file either a stipulation or a motion to amend to include THE KROGER COMPANY again as a Defendant in this litigation; and
4. The caption of this case be amended as set forth above to indicate that SMITH'S FOOD & DRUG CENTERS, INC. is the Defendant in this case.
