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Ashley Chavez, An Individual, Amber Fox, An Individual, and Shannon Gallagher, An Individual v. Sears Holdings Management Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


May 5, 2011

ASHLEY CHAVEZ, AN INDIVIDUAL, AMBER FOX, AN INDIVIDUAL, AND SHANNON GALLAGHER, AN INDIVIDUAL,
PLAINTIFFS,
v.
SEARS HOLDINGS MANAGEMENT CORPORATION, A DELAWARE CORPORATION D.B.A. KMART AND DOES 1 THROUGH 53, INCLUSIVE, DEFENDANTS.

DANIELLE OCHS-TILLOTSON (CA State Bar No. 178677) dot@ogletreedeakins.com SARAH R. NICHOLS (CA State Bar No. 233099) sarah.nichols@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: 415.442.4810 Facsimile: 415.442.4870 Attorneys for Defendant KMART CORPORATION (erroneously sued as SEARS HOLDINGS MANAGEMENT CORPORATION) GARRY M. TETALMAN (CA State Bar No. 204189) garry@tetalmanlaw.com THE LAW OFFICE OF GARRY M. TETALMAN 15 W. Carrillo Street, Suite 101 Santa Barbara, CA 93101 garry@tetalmanlaw.com Telephone: (805) 879-7518 Facsimile: (805) 456-0561 Attorneys for Plaintiffs ASHLEY CHAVEZ, AMBER FOX AND SHANNON GALLAGHER

STIPULATION [AND PROPOSED ORDER] OF DISMISSAL

STIPULATION

Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, the parties to the above entitled action, by and through their respective counsel, hereby stipulate to the dismissal of Defendant Sears Holdings Management Corporation ("Sears") as follows:

Based on the appearance of Kmart Corporation as the proper defendant in this matter, Plaintiffs hereby dismiss Sears with prejudice, as a party to this action.

Each party shall bear its own attorneys' fees and costs. All rights of appeal with respect to Sears, are hereby waived.

[Proposed] ORDER

Pursuant to the Stipulation of the parties and FOR GOOD CAUSE showing, the above-captioned matter is hereby dismissed. as to Defendant Sears.

District Court Judge

20110505

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