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TUCKER v. MEDTRONIC

United States District Court, N.D. California


November 8, 2005.

PERRY TUCKER, Plaintiff,
v.
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.

20051108

© 1992-2005 VersusLaw Inc.



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