United States District Court, N.D. California
November 8, 2005.
PERRY TUCKER, Plaintiff,
MEDTRONIC, INC., and DOES 1 through 20, inclusive, Defendants.
The opinion of the court was delivered by: MARTIN JENKINS, District Judge
STIPULATION OF DISMISSAL; [PROPOSED] ORDER
IT IS HEREBY STIPULATED AND AGREED by and between the parties
to this action, Perry Tucker (hereinafter "Plaintiff") and
MEDTRONIC, INC. (hereinafter "Medtronic"), by and through their
respective undersigned counsel, and approved by the Court in the
accompanying Order, as follows:
1. That this action is dismissed without prejudice;
2. That if Plaintiff elects to file a future action asserting
the same claims asserted in the instant action, (1) Plaintiff
will initiate the new action in the United States District Court
for the Northern District of California and that (2) Plaintiff
will name in the new action the same defendants named in this
action and no other defendants. Plaintiff reserves his right to
move the Court for leave to amend the complaint in the subsequent
action, should Plaintiff determine that such amendment is
necessary. Medtronic reserves its right to oppose any such motion
for leave to amend the complaint.
3. Plaintiff and Medtronic agree that there shall be no tolling
of any applicable statute of limitations. 4. Each party to bear its own costs.
IT IS SO STIPULATED.
© 1992-2005 VersusLaw Inc.