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Stipulation of Dismissal; [Proposed] Order Thereon -1-

Tamara L. Equals, #137047

Kirsten O. Zumwalt, #227997

Lang, Richert & Patch

Post Office Box 40012

Fresno, California 93755-0012

(559) 228-6700 Phone

(559) 228-6727 Fax

G:\DOCS\LEV\3. Signed Orders to be Processed\04cv1187.o.227.wpd.wpd

Attorneys for Defendants FIREMAN’S FUND INSURANCE COMPANY and FIREMAN’S

FUND AGRIBUSINESS, INC.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DENNIS R. MURPHY, MAREN D. MURPHY

and MURPHY FARMS,

 Plaintiffs,

 v.

FIREMAN’S FUND INSURANCE

COMPANY, FIREMAN’S FUND

AGRIBUSINESS, INC. and DOES 

1-10,

 Defendants.

Case No. CIV.S-04-1187 DFL GGH

STIPULATION OF DISMISSAL;

[PROPOSED] ORDER THEREON

(Fed. R. Civ. P. 41(a))

(Assigned to The Honorable David F. Levi )

IT IS HEREBY STIPULATED by and between the parties to this action through their

designated counsel that: 

1. The complaint of Plaintiffs DENNIS R. MURPHY, MAREN D. MURPHY and

MURPHY FARMS in the above-captioned action may be and hereby is dismissed with prejudice as

against Defendants FIREMAN’S FUND INSURANCE COMPANY and FIREMAN’S FUND

AGRIBUSINESS, INC. 

///

///

///

///

Case 2:04-cv-01187-DFL-GGH Document 19 Filed 02/27/06 Page 1 of 3
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Stipulation of Dismissal; [Proposed] Order Thereon -2-

2. Each party shall bear their own attorneys’ fees and costs, incurred in connection with the

above-captioned action.

Dated: February ___, 2006 LANG, RICHERT & PATCH, P.C.

By ________________________________

Tamara L. Equals,

Attorneys for Defendants FIREMAN’S FUND

INSURANCE COMPANY and FIREMAN’S FUND

AGRIBUSINESS, INC.

Dated: February ___, 2006 LAW OFFICES OF GEOFFREY O. EVERS

By ________________________________

Geoffrey O. Evers,

Attorneys for Plaintiffs DENNIS R. MURPHY,

MAREN D. MURPHY and MURPHY FARMS

ORDER

IT IS HEREBY ORDERED that:

1. Plaintiffs’ complaint in this matter is dismissed with prejudice as against Defendants

FIREMAN’S FUND INSURANCE COMPANY and FIREMAN’S FUND AGRIBUSINESS, INC.

2. Each party shall bear their own attorneys’ fees and costs incurred in connection with the

above-captioned action.

DATED: 2/24/ 2006

DAVID F. LEVI

United States District Judge

Case 2:04-cv-01187-DFL-GGH Document 19 Filed 02/27/06 Page 2 of 3
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Stipulation of Dismissal; [Proposed] Order Thereon -3-

PROOF OF SERVICE BY MAIL

I am employed in the County of Fresno; I am over the age of 18 years and not a party

to the within above-entitled cause; my business address is 5200 North Palm, Fourth Floor, Fresno,

California 93704.

I am readily familiar with the business practice for collection and processing of

correspondence for mailing with the United States Postal Service; the correspondence referred to below

would be deposited with the United States Postal Service on the date of execution hereof in the ordinary

course of business.

On the date of execution hereof, at my place of business, I served the foregoing

described as STIPULATION OF DISMISSAL; [PROPOSED] ORDER THEREON on the parties

to be noticed in said action, by placing a true copy thereof enclosed in a sealed envelope, with postage

thereon fully prepaid, for collection and mailing following ordinary business practices and addressed

as follows for deposit in the United States Postal Service:

Geoffrey O. Evers, Esq.

LAW OFFICES OF GEOFFREY O. EVERS

3415 American River Drive, Suite B

Sacramento, California 95864

Michael Stevens, Esq.

Henke-Bufkin

1109 Van Buren

Post Office Box 1124

Oxford, MS 38655

W. Kurt Henke

Henke-Bufkin

Post Office Box 39

Clarksdale, MS 38614

I am employed in the office of a member of the bar of this court at whose direction the

service was made.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

EXECUTED on February 27, 2006, at Fresno, California.

_______________________________

Constance G. Dewey

Case 2:04-cv-01187-DFL-GGH Document 19 Filed 02/27/06 Page 3 of 3