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Sumaira Ebrat v. Bayer Pharmaceuticals Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 3, 2011

SUMAIRA EBRAT,
PLAINTIFF,
v.
BAYER PHARMACEUTICALS INC., BAYER HEALTHCARE LLC; AND DOES 1-100, DEFENDANTS. BAYER HEALTHCARE LLC, COUNTERCLAIMANT,
v.
SUMAIRA EBRAT,
COUNTER-DEFENDANT.

The opinion of the court was delivered by: Honorable Edward M. Chen United States District Court Judge

JEROME SCHREIBSTEIN (SBN: 154051) LAW OFFICE OF JEROME SCHREIBSTEIN Embarcadero Center West 275 Battery Street, Eighteenth Floor San Francisco, CA 94111 Telephone: (415) 875-3355 4 Facsimile: (415) 358-9885 5 Attorneys for Defendant & Counterclaimant BAYER HEALTHCARE LLC and Defendant BAYER 6 HEALTHCARE PHARMACEUTICALS INC. 7 MARK ADAMS, ESQ. (SBN: 78706) MAYALL HURLEY KNUTSEN SMITH & GREEN 8 2453 Grand Canal Boulevard Stockton, CA 95207-8253 9 Telephone: (209) 477-3833 Attorneys for Plaintiff & Counterdefendant SUMAIRA EBRAT

STIPULATION AND ORDER RE: DISMISSAL OF KATHY TESDALL, BAYER HEALTHCARE PHARMACEUTICALS INC. Date: October 25, 2011 Time: 2:30 p.m. Place: Courtroom 5, 17th Floor 18

The parties, defendant & counterclaimant, Bayer HealthCare LLC, and defendant Bayer HealthCare Pharmaceuticals Inc. (collectively, at times, the "Bayer Entities"), on the one hand, 4 and plaintiff & counterdefendant, Sumaira Ebrat ("Ebrat"), on the other hand, through their 5 respective counsel, hereby stipulate as follows: 6

WHEREAS, in her Complaint, Ebrat identified Kathy Tesdall as a party in the body of 7 the pleading, though she did not name Ms. Tesdall in the Summons or caption of the Complaint; 8

WHEREAS, Ebrat has determined that she will not prosecute the within action against Ms. Tesdall and she will stipulate to a dismissal of the action without prejudice as to Ms. Tesdall;

WHEREAS, Ebrat named as a defendant Bayer HealthCare Pharmaceuticals Inc. in the Complaint;

WHEREAS, the Bayer Entities represent that Ebrat was never an employee of Bayer HealthCare Pharmaceuticals Inc. and that Ebrat was an employee of and terminated by Bayer HealthCare LLC;

WHEREAS, based on these representations, Ebrat has determined to dismiss without prejudice the Complaint against Bayer HealthCare Pharmaceuticals Inc.; and 18

WHEREAS, the parties have agreed that no party shall be entitled to its fees or costs by virtue of the above-described dismissals; 20

WHEREFORE, the parties hereby stipulate to the dismissal without prejudice of Kathy Tesdall and Bayer HealthCare Pharmaceuticals Inc. with a mutual waiver of fees and costs. 22

IT IS SO AGREED.

ORDER

BASED ON THE FOREGOING STIPULATION OF THE PARTIES AND GOOD CAUSE OTHERWISE APPEARING, it is hereby ordered that Kathy Tesdall and Bayer HealthCare Pharmaceuticals Inc. are dismissed without prejudice, with a mutual waiver of fees and costs.

IT IS SO ORDERED.

By: Judge Edward M. Chen

ORDERED

LOJS/1050538/5621259v.1

20111103

© 1992-2011 VersusLaw Inc.



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