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H 16 Kfd Enterprises, Inc., A California v. Winzler & Kelly's City of Eureka

October 26, 2011

H 16 KFD ENTERPRISES, INC., A CALIFORNIA
CORPORATION DBA NORMAN'S DRY CLEANER,
PLAINTIFF,
v.
WINZLER & KELLY'S CITY OF EUREKA, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. Maxine M. Chesney

1 Eric Grant (Bar No. 151064) grant@hicks-thomas.com 2 Hicks Thomas LLP 8001 Folsom Boulevard, Suite 100 3 Sacramento, California 95826 Telephone: (916) 388-0833 4 Facsimile: (916) 691-3261 5 John B. Thomas (Bar No. 269538) jthomas@hicks-thomas.com 6 Jay N. Gross (pro hac vice) jgross@hicks-thomas.com 7 Hicks Thomas LLP 700 Louisiana Street, Suite 2000 8 Houston, Texas 77002 Telephone: (713) 547-9100 9 Facsimile: (713) 547-9150 10 Counsel for Defendant R.R. STREET & CO. INC. 11 12 LLP HOMAS ICKS 8001 Folsom Boulevard, Suite 100 Telephone: (916) 388-0833 Sacramento, California 95826

[Fed. R. Civ. P. 41(a)(2), (c); Civil L.R. 7-12] 21 )) 22 AND ALL RELATED CROSS-CLAIMS ) Courtroom: 7 (19th Floor)

STIPULATED REQUEST FOR VOLUNTARY DISMISSAL WITH PREJUDICE OF THIRD-PARTY DEFENDANT ENTIRE CROSS-CLAIM AGAINST DEFENDANT R.R. STREET & CO. INC.

AND THIRD-PARTY CLAIMS. )

Pursuant to Federal Rule of Civil Procedure 41(a)(2) and (c) and Civil L.R. 7-12, Third-25 Party Defendant Winzler & Kelly ("Winzler") and Defendant R.R. Street & Co. Inc. ("Street") 26 hereby stipulate and respectfully request judicial action as follows: 27 WHEREAS, Winzler has asserted and prosecuted within this action a cross-claim against 28 Street, among other parties;

1 WHEREAS, pursuant to Federal Rule of Civil Procedure 41(a)(2)-as made applicable by 2 Rule 41(c)-Winzler now desires to dismiss with prejudice its entire cross-claim, and all claims 3 encompassed therein, against Street, while continuing its cross-claim against the other parties 4 named therein, cf. Hells Canyon Preservation Council v. United States Forest Service, 403 F.3d 5 683, 687 (9th Cir. 2005) (observing that Rule 41(a) "allow[s] the dismissal of all claims against 6 one defendant, so that a defendant may be dismissed from the entire action"); and 7 WHEREAS, Winzler and Street agree that each party will bear its own costs and attor-8 neys' fees with respect to Winzler's cross-claim against Street; 9 THEREFORE, the parties hereto stipulate and respectfully request that this Court enter an 10 order dismissing with prejudice Winzler's entire cross-claim, and all claims encompassed therein, 11 against Street only, each party to bear its own costs and attorneys' fees.

8001 Folsom Boulevard, Suite 100

LLP

Sacramento, California 95826

Dated: October 24, 2011.

Respectfully submitted,

/s/ Eric Grant

HICKS THOMAS

Hicks ...


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