Delano Farms Company et al v. The California Table Grape Commission

Filing 181

ORDER Regarding Dismissal Of The First, Fourth, Fifth, And Sixth Claims For Relief In Plaintiffs' Third Amended Complaint, signed by District Judge Lawrence J. O'Neill on 11/13/2012. (Fahrney, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 DELANO FARMS COMPANY; FOUR STAR FRUIT, INC.; GERAWAN FARMING, INC., ) ) ) Plaintiffs, ) ) v. ) ) THE CALIFORNIA TALE GRAPE ) COMMISSION; UNITED STATES OF ) AMERICA; UNITED STATES DEPARTMENT ) OF AGRICULTURE; TOM VILSACK, ) SECRETARY OF AGRICULTURE (IN HIS ) OFFICIAL CAPACITY) ) ) Defendants. ) ) Case No. 1:07-cv-01610-LJO-JLT ORDER REGARDING DISMISSAL OF THE FIRST, FOURTH, FIFTH, AND SIXTH CLAIMS FOR RELIEF IN PLAINTIFFS’ THIRD AMENDED COMPLAINT 18 19 The parties have entered into a Settlement Agreement and Release that resolves all claims 20 relating to U.S. Patent No. PP15,891, entitled “Grapevine Plant Denominated ‘Sweet Scarlet’” (the 21 “’891 patent”). 22 Pursuant to the Stipulation of Dismissal relating to the Sweet Scarlet variety by and among 23 Plaintiffs Delano Farms Company, Four Star Fruit, Inc., and Gerawan Farming (collectively 24 “Plaintiffs”); and Defendants the United States of America, the United States Department of 25 Agriculture, and Tom Vilsack, Secretary of Agriculture (in his official capacity) (collectively 26 “Federal Defendants”); and the California Table Grape Commission (“Commission”): 27 IT IS HEREBY ORDERED THAT: 28 1. Pursuant to Federal Rule of Civil Procedure 41(a)(2), the First, and Fourth, Fifth, and [PROPOSED] ORDER RE: STIPULATED DISMISSAL OF CLAIMS 1, 4, 5, 6 McKool 840199v1 1 Sixth Claims for Relief set forth in Plaintiffs’ Third Amended Complaint shall be dismissed with 2 prejudice; 3 2. 4 Each Party shall bear its own costs and attorneys’ fees in this litigation relating to the First, Fourth, Fifth, and Sixth Claims for Relief, the ‘891 patent, and/or the Sweet Scarlet variety. This dismissal shall not affect Plaintiffs’ remaining claims for relief. 5 3. 6 The clerk is directed not to close this order. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill November 13, 2012 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 11 12 66h44d 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER RE: STIPULATED DISMISSAL OF CLAIMS 1, 4, 5, 6 McKool 840199v1

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