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

Court: District Court, E.D. California Number: infdco20140513g13 Visitors: 13
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: STIPULATION OF DISMISSAL WITHOUT PREJUDICE AND ORDER JOHN A. MENDEZ, District Judge. Pursuant to F.R.C.P. Rule 41(a)(1)(a)(ii), all Plaintiffs, all Defendants and Intervenor hereby stipulate to dismiss the pending action without prejudice. This Stipulation is based on the Court's March 5, 2014, Order that Plaintiffs do not currently have standing to challenge SB 54. Notwithstanding the prior Stipulation between the parties dated January 15, 2014, if any of the Plaintiffs file a subsequent act
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STIPULATION OF DISMISSAL WITHOUT PREJUDICE AND ORDER

JOHN A. MENDEZ, District Judge.

Pursuant to F.R.C.P. Rule 41(a)(1)(a)(ii), all Plaintiffs, all Defendants and Intervenor hereby stipulate to dismiss the pending action without prejudice. This Stipulation is based on the Court's March 5, 2014, Order that Plaintiffs do not currently have standing to challenge SB 54.

Notwithstanding the prior Stipulation between the parties dated January 15, 2014, if any of the Plaintiffs file a subsequent action based on or including the same claim(s) against the same Defendants, Intervenor shall not be precluded from seeking an award of costs and fees from such Plaintiffs to the extent permitted by Federal Rule of Civil Procedure 41(d).

IT IS SO STIPULATED.

ORDER

Pursuant to the Parties' Stipulation Re Dismissal Without Prejudice Pursuant To Federal Rule Of Civil Procedure 41(A)(1), and GOOD CAUSE APPEARING THEREFOR, it is HEREBY ORDERED, ADJUDGED and DECREED as follows:

(1) this entire action, and each and every claim for relief asserted therein, shall be and hereby is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE; (2) each party shall bear his or its own attorneys' fees and costs in this action.

SO ORDERED.

Source:  Leagle

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