CHARLES R. BREYER, District Judge.
IT IS HEREBY STIPULATED by and between counsel for plaintiff Kathryn Diffenderfer and defendant FMS Investment Corp. (erroneously sued as Financial Management Systems, Inc.), that plaintiff Kathryn Diffenderfer's claims against FMS Investment Corp. for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788, et seq., shall be dismissed pursuant to Federal Rule of Civil Procedure, Rule 41(a)(1). Each party is to bear its own attorneys' fees and costs as to these two claims. This stipulation does not affect Plaintiff's remaining claims under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq.
Based on the parties' stipulation and for good cause shown, plaintiff Kathryn
Diffenderfer's claims against FMS Investment Corp. for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., and Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code § 1788, et seq., are hereby dismissed pursuant to Federal Rule of Civil Procedure, Rule 41(a)(1). Each party is to bear its own attorneys' fees and costs as to these two claims.