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Medrano v. Consolidated Restaurants of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 20, 2009

MANUEL MEDRANO, FOR HIMSELF AND OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFF,
v.
CONSOLIDATED RESTAURANTS OF CALIFORNIA, INC.; ET AL. DEFENDANTS.
KNJ RESTAURANTS, INC., A CALIFORNIA CORPORATION, WCG HOLDINGS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
WAND CORPORATION, A MINNESOTA CORPORATION, THIRD-PARTY DEFENDANT.

ORDER ON STIPULATION FOR DISMISSAL STIPULATION AND ORDER FOR DISMISSAL

The Court, having considered the Stipulation for Dismissal, filed concurrently herewith:

IT IS HEREWITH ORDERED:

This action is dismissed by Plaintiff in its entirety with prejudice as to Plaintiff, Manuel Medrano, and without prejudice as to the claims of any potential or putative class, which excludes Medrano as a member;

The Class, previously certified by this Court on October 15, 2007, is de-certified for the purpose of this dismissal;

Parties shall each bear his or its own respective costs and attorneys' fees in connection with the Lawsuit; and

This dismissal is made pursuant to Rule 41(a) or (c) of the Federal Rules of Civil Procedure.

PROOF OF SERVICE

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 269 West Bonita Avenue, Claremont, CA 91711.

On August 4, 2008, I served the foregoing document described as: [ Proposed] ORDER ON STIPULATION FOR DISMISSAL [ ] by placing the true copies thereof enclosed in sealed envelopes addressed as follows:

[X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelopes addressed as follows:

[SEE ATTACHED MAILING LIST]

[X] I deposited each envelope in the mail at Claremont, California.*fn1 The envelope was mailed with postage thereon fully prepaid.

[X] As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Post Office on that same day with postage thereon fully prepaid at Claremont, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

[ ] As follows: I am "readily familiar" with the firm's practice for delivering overnight envelopes or packages to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the address as last given by that person on any document filed in the cause and served on the party making service.

[X] By filing with the United States District Court's CM/ECF Filing System

[X] (State or Federal) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

[ ] (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Executed on August 4, 2008, at Claremont, California.

Gwendolyn Simmons

SERVICE LIST

Manuel Medrano v. Consolidated Restaurants of California; KNJ Restaurants, Inc.

U.S.D.C. Case No. SACV-07-00504 JVS (RNBx) James W. Denison, Esq. Attorney at Law 21550 Oxnard Street, Suite 300 PMB 81 Woodland Hills, CA 91367 Telephone : (818) 224-5250 Facsimile : (818) 224-5245 Attorneys for Defendant, KNJ RESTAURANTS, INC. and WCG HOLDINGS, INC.


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