L315608 

STIPULATION OF DISMISSAL OF PLAINTIFFS JOYCE SHARON FREDRICKSON AND 

JERRY FREDRICKSON'S COMPLAINT AS AGAINST DEFENDANT ECOLAB INC. ONLY; 

[PROPOSED] ORDER

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BOWMAN AND BROOKE LLP 

Richard G. Morgan (Admitted Pro Hac Vice) 

Mike H. Madokoro (SBN: 146970) 

Gregory P. Gilmer (SBN: 212067) 

879 West 190th Street, Suite 700 

Gardena, California 90248 

Telephone: (310) 768-3068 

Attorneys for Defendant 

ECOLAB INC. 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

JOYCE SHARON FREDRICKSON 

and JERRY FREDRICKSON, 

 Plaintiffs, 

v. 

HOLIDAY RETIREMENT CORP.; 

HILLTOP ESTATES; ECOLAB 

INC.; AND DOES 1 THROUGH 25, 

Inclusive, 

 Defendants. 

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Civil Case No.: CIV.S-04-01061 WBS 

CMK 

(Removed from Shasta County Superior 

Court, Case No. 151501) 

STIPULATION OF DISMISSAL OF 

PLAINTIFFS JOYCE SHARON 

FREDRICKSON AND JERRY 

FREDRICKSON'S COMPLAINT AS 

AGAINST DEFENDANT ECOLAB INC. 

ONLY; [PROPOSED] ORDER 

Action Filed: April 22, 2004 

Discovery Cut-Off: May 13, 2005 

Motion Cut-Off: July 1, 2005 

Trial Date: October 25, 2005 

IT IS HEREBY STIPULATED, by and between plaintiffs Joyce Sharon 

Fredrickson and Jerry Fredrickson, and defendant Ecolab Inc., and, 

defendants Holiday Retirement Corporation and Hilltop Retirement 

Residences II, Limited Partnership, through their designated counsel, that 

plaintiffs Joyce Sharon Fredrickson and Jerry Fredrickson's Complaint, in 

the above-entitled action, be and hereby is dismissed, with prejudice, 

pursuant to FRCP, Rule 41(a)(1) as to defendant Ecolab Inc. only. Plaintiffs 

and Ecolab Inc. to bear their own respective costs and fees. 

Case 2:04-cv-01061-WBS-CMK Document 45 Filed 09/27/05 Page 1 of 4
L315608 

STIPULATION OF DISMISSAL OF PLAINTIFFS JOYCE SHARON FREDRICKSON AND 

JERRY FREDRICKSON'S COMPLAINT AS AGAINST DEFENDANT ECOLAB INC. ONLY; 

[PROPOSED] ORDER

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IT IS FURTHER SIPULATED that this Stipulation may be executed 

in counterparts and that facsimile signatures will be accepted. 

DATED: September __, 2005 LAW OFFICES OF JAMES A. WYATT 

 By: 

 James A. Wyatt, Esq. 

Attorneys for Plaintiffs 

JOYCE SHARON FREDRICKSON and 

JERRY FREDRICKSON 

DATED: September __, 2005 BOWMAN AND BROOKE LLP 

 By: 

 Mike H. Madokoro 

 Richard G. Morgan 

 Gregory P. Gilmer 

 Attorneys for Defendant 

 ECOLAB INC. 

DATED: September __, 2005 NISSON & PINCIN 

 By: 

Timothy J. Nisson 

Attorneys for Defendants 

HILLTOP RETIREMENT 

CORPORATION and HILLTOP 

RETIREMENT RESIDENCE II, LIMITED 

PARTNERSHIP 

Case 2:04-cv-01061-WBS-CMK Document 45 Filed 09/27/05 Page 2 of 4
L315608 

STIPULATION OF DISMISSAL OF PLAINTIFFS JOYCE SHARON FREDRICKSON AND 

JERRY FREDRICKSON'S COMPLAINT AS AGAINST DEFENDANT ECOLAB INC. ONLY; 

[PROPOSED] ORDER

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ORDER

Pursuant to the above stipulation, this action is hereby dismissed, 

with prejudice, pursuant to FRCP, Rule 41(a)(1) as to defendant Ecolab 

Inc. only. Plaintiffs and Ecolab Inc. shall bear their own respective costs 

and fees. 

IT IS SO ORDERED. 

DATED: September 26, 2005 

Case 2:04-cv-01061-WBS-CMK Document 45 Filed 09/27/05 Page 3 of 4
STIPULATION OF DISMISSAL OF PLAINTIFFS JOYCE SHARON FREDRICKSON AND JERRY 

FREDRICKSON'S COMPLAINT AS AGAINST DEFENDANT ECOLAB INC. ONLY; [PROPOSED] 

ORDER

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PROOF OF SERVICE

1013A (3) CCP Revised 5/1/88 

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over 

the age of 18 years and not a party to the within action; my business 

address is 879 West 190th Street, Gardena, California 90248. 

On September 20, 2005, I served the foregoing document(s) described as 

STIPULATION OF DISMISSAL OF PLAINTIFFS JOYCE SHARON 

FREDRICKSON AND JERRY FREDRICKSON'S COMPLAINT AS 

AGAINST DEFENDANT ECOLAB INC. ONLY; [PROPOSED] ORDER to 

all interested parties [X] by placing a true and correct copy thereof enclosed 

in sealed envelope(s), addressed as follows: 

Richard G. Morgan, Esq. 

BOWMAN AND BROOKE LLP 

150 S. Fifth Street, Suite 2600 

Minneapolis, MN 55402-4244 

Telephone: (612) 339-8682 

Timothy J. Nisson, Esq. 

NISSON & PINCIN 

Post Office Box 991966 

Redding, California 96099-1966 

Telephone: (530) 246-4201 

Facsimile: (530) 246-1426 

Attorneys for Defendant 

HILLTOP RETIREMENT RESIDENCE II 

LIMITED PARTNERSHIP 

[X] BY U.S. MAIL: [X] As follows: I am "readily familiar" with the firm's 

practice of collection and processing correspondence for mailing. Under 

that practice it would be deposited with the U.S. postal service on that same 

day, during the ordinary course of business, with postage thereon fully 

prepaid at Gardena, California. I am aware that on motion of the party 

served, service is presumed invalid if postal cancellation date or postage 

meter date is more than one day after date of deposit for mailing in affidavit. 

Executed on September 20, 2005 at Gardena, California. 

[X] (FEDERAL) I declare that I am employed in the office of a member of 

the bar of this court at whose direction the service was made. 

 ______________________________ 

Vivian Gomez 

Case 2:04-cv-01061-WBS-CMK Document 45 Filed 09/27/05 Page 4 of 4