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Pulido v. Home Depot

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


July 13, 2009

JAIME PULIDO, PLAINTIFFS,
v.
HOME DEPOT, U.S.A., INC., LOUISVILLE LADDER, INC., AND DOES 1 TO 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Valerie Baker Fairbank U.S. District Court Judge

[Assigned to District Judge Valerie Baker Fairbank; Discovery Magistrate Judge Jeffrey W. Johnson]

ORDER ON DISMISSAL WITH PREJUDICE

Complaint Filed: 12-5-07

PRE-TRIAL: June 8, 2009

TRIAL DATE: June 30, 2009

The Court, having reviewed the Stipulation of the parties requesting dismissal with prejudice, with each to bear their own costs of suit and attorney's fees, HEREBY ORDERS as follows:

1. This action is dismissed with prejudice;

2. Each party will bear their own costs of suit and attorney's fees, pursuant to Stipulation.

PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5)

State of California, ss. County of Orange

I am employed in the County of Los Angeles Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is:

1100 El Centro Street, Post Office Box 250, South Pasadena, California 91030.

750 The City Drive, Suite 400, Orange, CA 92868.

On this date, I served the foregoing document described as [PROPOSED] ORDER ON DISMISSAL WITH PREJUDICE on the interested parties in this action by placing same in a sealed envelope, addressed as follows:

SEE ATTACHED SERVICE LIST (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Orange, California. 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 U.S. Postal Service on that same day with postage thereon fully prepaid at: Orange, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

(BY CERTIFIED MAIL) -- I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Orange, California.

BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY

(BY ELECTRONIC FILING AND/OR SERVICE) -- I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List.

FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for.

(BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (714) 823-4101 (Orange) indicated all pages were transmitted.

(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).

Executed on July 10, 2009 at: Orange, California.

(STATE) - 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.

VIVIAN IANNOTTI

Los Angeles Superior Court, Case No. BC381816

USDC Case No. CV08-1543 VBF (JWJx)

File No. 16797

SERVICE LIST

Carney R. Shegerian, Esq. SHEGERIAN & ASSOCIATES, INC. 225 Arizona Avenue, Penthouse Santa Monica, CA 90401 (310) 860-0770 - Fax: (310) 860-0771 ATTORNEY FOR PLAINTIFF JAIME PULIDO

20090713

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