UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
August 20, 2012
CB2 BUILDERS INCORPORATED,
ABF FREIGHT SYSTEM, INC. AND DOES 1 THROUGH 25, INCLUSIVE,
The opinion of the court was delivered by: Judge Elizabeth D. Laporte
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL
This Stipulation and Order For Dismissal is entered into between Plaintiff, CB2 Builders Incorporated ("Plaintiff"), and Defendant, ABF Freight System, Inc. ("Defendant"), by and 20 through their respective counsel, as follows: 21
1. On July 13, 2011, Plaintiff filed its complaint against Defendant in the Superior Court of the State of California, County of San Francisco. 24 2. On August 24, 2011, Defendant removed this action to this Court based on federal 25 question jurisdiction pursuant to Defendant's Notice of Removal. 26 3. On December 30, 2011, Plaintiff filed a First Amended Complaint for violation of 27 the Carmack Amendment, 49 U.S.C. § 14706, et seq.
STIPULATION AND [PROPOSED] ORDER FOR DISMISSAL (Case No. CV 11-4096 EDL)
SMITH LLP ATTORNEYS AT LAW
4. On or about July 23, 2012, Plaintiff and Defendant entered into a Full Mutual Release of Claims whereby Plaintiff and Defendant agreed to resolve their respective claims in 3 this action upon certain terms and conditions, including but not limited to, payment from 4 Defendant to Plaintiff in return for a dismissal of this action with prejudice, each party to bear 5 their own attorneys' fees and costs.
Based on the foregoing recitals, Plaintiff, CB2 Builders Incorporated, and Defendant, ABF Freight System, Inc., by and through their respective counsel, hereby stipulate to dismiss the 9 above-entitled action with prejudice, pursuant to Rule 41 of the Federal Rules of Civil Procedure, 10 with each party to bear its own attorneys' fees and costs.
BUCHMAN PROVINE BROTHERS SMITH LLP 13 14 Date: August 17, 2012 By: /S/Connor M. Day 15 Connor M. Day 16 Attorneys for Plaintiff CB2 Builders Incorporated 17 18 19 20 21 Date: August 17, 2012 By: ___/S/James Attridge______ 22 JAMES ATTRIDGE Attorneys for Defendant ABF Freight System, Inc.
SHAPIRO BUCHMAN SMITH LLP ATTORNEYS AT LAW
Pursuant to the above Stipulation, IT IS HEREBY ORDERED that the above-entitled 3 action is dismissed, with prejudice, with each party to bear their own attorneys' fees and costs.
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