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Berger v. Seyfarth Shaw LLP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 13, 2009

RICHARD W. BERGER AND BRANT W. BERGER, PLAINTIFFS,
v.
SEYFARTH SHAW LLP, AN ILLINOIS LIMITED LIABILITY PARTNERSHIP; JACK L. SLOBODIN, AN INDIVIDUAL; BURNETT, BURNETT & ALLEN, A CALIFORNIA PARTNERSHIP; DOUGLAS B. ALLEN, AN INDIVIDUAL; AND DOES 1-100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Judge Jeffrey S. White, Presiding

STIPULATION RE: DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON [Fed. R. Civ. P., Rule 41]

Pursuant to Rule 41 of the Federal Rules of Civil Procedure, Plaintiffs Richard W. Berger and

Brant W. Berger ("Plaintiffs"), on the one hand, and Defendants Seyfarth Shaw LLP, Jack L. Slobodin, Burnett, Burnett & Allen and Douglas B. Allen (collectively "Defendants"), on the other hand, hereby stipulate as follows: agreement; and costs incurred in this action; and plaintiff may dismiss an action without a court order by filing a stipulation of dismissal signed by all parties who have appeared; counsel, hereby stipulate as follows:

WHEREAS, on or about August 3, 2009, the parties in this action entered into a settlement

WHEREAS, Plaintiffs and Defendants agree that this action can be dismissed with prejudice;

WHEREAS, Plaintiffs and Defendants agree that each party shall bear its own attorneys' fees

WHEREAS, Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure provides that the NOW THEREFORE, Plaintiff and Defendants, by and through their respective undersigned

1.0 This action shall be dismissed with prejudice.

2.0 Each party to this action shall bear its own attorneys' fees and costs incurred in this action.

3.0 This Stipulation shall be presented to the Court for an Order thereon.

4.0 Nothing in this Stipulation shall constitute a dismissal or release of claims between Plaintiffs, on the one hand, and Beck, Ross, Bismonte & Finley, LLP, or any lawyer in that firm, on the other hand, all of which claims are fully reserved.

Dated: October 12, 2009

[PROPOSED] ORDER

The Stipulation of the parties for dismissal of the above action having been filed by the parties pursuant to a settlement of the action and good cause appearing therefor, the Court makes the following order:

IT IS HEREBY ORDERED that the above action is dismissed with prejudice, each party to bear their own costs and fees. Nothing in this order of dismissal shall be deemed to release or dismiss claims between Plaintiffs, on the one hand, and Beck, Ross, Bismonte and Finley, LLP, or any lawyer in that firm, on the other hand, all of which claims are fully reserved.

Hon. Jeffrey S. White Judge of the United States District Court Northern District of California

20091013

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