Association of Irritated Residents v. Fred Schakel Dairy et al

Filing 496

Stipulated Request for Dismissal With Prejudice; ORDER Thereon, signed by Chief Judge Lawrence J. O'Neill on 9/21/17. (Marrujo, C)

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Lee N. Smith (#138071)
[e-mail]
COLEMAN & HOROWITT, LLC
499 W. Shaw Avenue, Suite 116
Fresno, CA 93704
Phone: [phone]
Fax: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASSOCIATION OF IRRITATED
RESIDENTS, an unincorporated
association,
Plaintiffs,
v.

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FRED SCHAKEL DAIRY, a
California Proprietorship, FRED
SCHAKEL, owner and operator,
SCHAKEL FAMILY
PARTNERSHIP, a California
Limited Partnership, owner and
operator, AG RESOURCES III, a
California Limited Liability
Company, owner, and SOUTH
LAKES DAIRY, a California
General Partnership, owner and
operator,
Defendants.

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Case No.: 1:05-CV-00707-LJO-SMS

STIPULATED REQUEST FOR
DISMISSAL WITH PREJUDICE;
ORDER THEREON
Complaint Filed: June 1, 2005
Trial Date:
Vacated

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On or about June 1, 2005, Plaintiff filed this suit against Defendants.

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After considerable discovery, the parties, upon mediation with

Magistrate Sandra Snyder, entered into a Consent Decree, attached hereto as
Exhibit A.
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STIPULATED REQUEST FOR DISMISSAL WITH PREJUDICE; ORDER THEREON

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Pursuant to the Consent Decree, the parties agreed to dismiss the case

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with prejudice upon the Defendants’ full and complete performance of the terms of

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the Consent Decree.
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As of this date, Defendants have fully and completely performed the

terms of the Consent Decree.
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Now, therefore, Plaintiff and Defendants, by and through their

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respective attorneys of record, hereby stipulate to the dismissal of this action in its

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entirety, with prejudice pursuant to the Consent Decree.

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Respectfully submitted,

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Dated: July 26, 2017

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CENTER ON RACE, POVERTY &
THE ENVIRONMENT

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_____/s/_____________________
Brent J. Newell
Attorney for Plaintiff

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Dated: July 26, 2017

COLEMAN & HOROWITT, LLP

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_____/s/_____________________
Lee N. Smith,
Attorneys for Defendants

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STIPULATED REQUEST FOR DISMISSAL WITH PREJUDICE; ORDER THEREON

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ORDER

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Based on the foregoing stipulation and otherwise finding good cause

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therefore, IT IS HEREBY ORDERED that this entire action be dismissed in its

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entirety, with prejudice, and without any award of attorney’s fees or costs to either

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party except as provided in the Consent Decree.

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IT IS SO ORDERED.

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Dated:

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September 21, 2017

/s/ Lawrence J. O’Neill _____
UNITED STATES CHIEF DISTRICT JUDGE

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STIPULATED REQUEST FOR DISMISSAL WITH PREJUDICE; ORDER THEREON