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OUTERBRIDGE ACCESS ASSOCIATION v. WEA NORTH COUNTY FAIR LLC

United States District Court, S.D. California


December 5, 2005.

OUTERBRIDGE ACCESS ASSOCIATION SUING ON BEHALF OF DIANE CROSS, LINDA HANKS, AND ITS MEMBERS; DIANE CROSS, An Individual; LINDA HANKS, An Individual; ORGANIZATION FOR ADVANCEMENT OF MINORITIES WITH DISABILITIES SUING ON BEHALF OF DAVID SINGLETARY AND ITS MEMBERS; and DAVID SINGLETARY, An Individual, Plaintiffs,
v.
WEA NORTH COUNTY FAIR LLC d.b.a. NORTH COUNTY FAIR; EWH ESCONDIDO ASSOCIATES, LP d.b.a. NORTH COUNTY FAIR; J.C. PENNEY COMPANY, INC. d.b.a. J.C. PENNEY; J.C. PENNEY PROPERTIES, INC.; THE MAY DEPARTMENT STORES COMPANY d.b.a. ROBINSONS MAY; ADCOR REALTY CORPORATION; ANN TAYLOR RETAIL INC. d.b.a. ANN TAYLOR # 184; RED ROBIN INTERNATIONAL INC. d.b.a. RED ROBIN; And DOES 1 THROUGH 10, Inclusive Defendants.

The opinion of the court was delivered by: DANA SABRAW, District Judge

STIPULATED DISMISSAL AND DISMISSAL WITH PREJUDICE OF ONLY DEFENDANT RED ROBIN INTERNATIONAL INC. d.b.a. RED ROBIN FROM PLAINTIFFS' COMPLAINT AND PLAINTIFFS' COMPLAINT IN ITS ENTIRETY AND ORDER THEREON.
[Fed.R.Civ.P. Rule 41 (a) (2)]
IT IS HEREBY STIPULATED by and between OUTERBRIDGE ACCESS ASSOCIATION SUING ON BEHALF OF DIANE CROSS, LINDA HANKS, AND ITS MEMBERS; DIANE CROSS, An Individual; LINDA HANKS, An Individual; ORGANIZATION FOR ADVANCEMENT OF MINORITIES WITH DISABILITIES SUING ON BEHALF OF DAVID SINGLETARY AND ITS MEMBERS; and DAVID SINGLETARY, An Individual, Plaintiffs, on the one hand, and Defendant RED ROBIN INTERNATIONAL INC. d.b.a. RED ROBIN, on the other hand, through their respective attorneys of record that, pursuant to Federal Rules of Civil Procedure, Rule 41 (a) (1) and (2), this Court enter a dismissal with prejudice of Defendant RED ROBIN INTERNATIONAL INC. d.b.a. RED ROBIN, from Plaintiffs' Complaint, Case Number: 05cv1720 DMS (POR). Additionally, Plaintiffs request that the Complaint be dismissed with prejudice in its entirety.

 

IT IS SO STIPULATED. ORDER ON NOTICE OF DISMISSAL WITH PREJUDICE OF DEFENDANT RED ROBIN INTERNATIONAL INC. d.b.a. RED ROBIN
  IT IS HEREBY ORDERED that only Defendant RED ROBIN INTERNATIONAL INC. d.b.a. RED ROBIN is dismissed with prejudice from Plaintiffs' Complaint, Case Number: 05cv1720 DMS (POR). Additionally, Plaintiffs' Complaint is dismissed with prejudice in its entirety.

  IT IS SO ORDERED.

20051205

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