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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELANO FARMS COMPANY; FOUR STAR
FRUIT, INC.; GERAWAN FARMING, INC.,

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Plaintiffs,
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v.
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THE CALIFORNIA TALE GRAPE
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COMMISSION; UNITED STATES OF
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AMERICA; UNITED STATES DEPARTMENT )
OF AGRICULTURE; TOM VILSACK,
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SECRETARY OF AGRICULTURE (IN HIS
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OFFICIAL CAPACITY)
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Defendants.
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)

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

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The parties have entered into a Settlement Agreement and Release that resolves all claims

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relating to U.S. Patent No. PP15,891, entitled “Grapevine Plant Denominated ‘Sweet Scarlet’” (the

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“’891 patent”).

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Pursuant to the Stipulation of Dismissal relating to the Sweet Scarlet variety by and among

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Plaintiffs Delano Farms Company, Four Star Fruit, Inc., and Gerawan Farming (collectively

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“Plaintiffs”); and Defendants the United States of America, the United States Department of

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Agriculture, and Tom Vilsack, Secretary of Agriculture (in his official capacity) (collectively

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“Federal Defendants”); and the California Table Grape Commission (“Commission”):

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IT IS HEREBY ORDERED THAT:

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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

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Sixth Claims for Relief set forth in Plaintiffs’ Third Amended Complaint shall be dismissed with

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prejudice;

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2.

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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.

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3.

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The clerk is directed not to close this order.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

November 13, 2012

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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66h44d

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[PROPOSED] ORDER RE:
STIPULATED DISMISSAL OF CLAIMS 1, 4, 5, 6
McKool 840199v1