Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Filing 770

AMENDED STIPULATION and ORDER of Dismissal signed by Chief Judge Anthony W. Ishii on 12/06/2011. Terence J. Long terminated from action. (Flores, E)

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Jan T. Perkins #057995
Jerry H. Mann #095466
Douglas V. Thornton #154956
Craig A. Tristao #256528
PERKINS, MANN & EVERETT
A Professional Corporation
2222 West Shaw Avenue, Suite 202
Fresno, California 93711
Telephone [phone]
Facsimile [phone]
Attorneys for: Intervenor Plaintiff and Cross-Defendant TERENCE J. LONG, TRUSTEE
PURSUANT TO COURT ORDER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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ONIONS ETC., INC., and DUDA FARM
FRESH FOODS, INC.,
Plaintiffs,

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Case No.: 1:09-cv-00906-AWI-MJS

v.
Z & S FRESH, INC., a California corporation;
Z & S DISTRIBUTING COMPANY, INC., a
California corporation; MARTIN J.
ZANINOVICH, an individual; LOREN
SCHOENBURG, an individual; MARGARET
aka MARGE SCHOENBURG, an individual,

AMENDED STIPULATION OF
VOLUNTARY DISMISSAL AND ORDER
THEREON

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Defendants.

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AND ALL RELATED ACTIONS.

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IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rules of Civil

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Procedure 41(a), by and between Intervenor Plaintiff and Cross-Defendant TERENCE J.

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LONG, TRUSTEE PURSUANT TO COURT ORDER, and Defendant, Cross-Complainant and

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Counter-Complainant FRESNO-MADERA FEDERAL LAND BANK ASSOCIATION,

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FLCA, as follows:

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1.

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That the action commenced on February 17, 2010 by Intervenor Plaintiff and

Cross-Defendant TERENCE J. LONG, TRUSTEE PURSUANT TO COURT ORDER, is

PERKINS, MANN &
EVERETT, APC

{00062755.DOC;1}
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____________________________________________________________________________________________
Stipulation of Voluntary Dismissal and Order Thereon

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hereby dismissed with prejudice as against Defendant, Cross-Complainant and Counter-

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Complainant FRESNO-MADERA FEDERAL LAND BANK ASSOCIATION, FLCA only,

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with each party to bear his or its own attorneys’ fees and costs.

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2.

That the cross-action commenced on September 9, 2009 by Defendant, Cross-

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Complainant and Counter-Complainant FRESNO-MADERA FEDERAL LAND BANK

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ASSOCIATION, FLCA, is hereby dismissed with prejudice as against Intervenor Plaintiff and

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Cross-Defendant TERENCE J. LONG, TRUSTEE PURSUANT TO COURT ORDER only,

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with each party to bear his or its own attorneys’ fees and costs.

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Dated: December 5, 2011

PERKINS, MANN & EVERETT, APC

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By:_/s/ Jan T. Perkins_____________________.
Jan T. Perkins, attorneys for Intervenor
Plaintiff and Cross-Defendant TERENCE J.
LONG, TRUSTEE PURSUANT TO COURT
ORDER

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Dated: December 5, 2011

LANG, RICHERT & PATCH

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By:_/s/ Scott J. Ivy
___________________.
Scott J. Ivy, attorneys for Defendant, CrossComplainant and Counter-Claimant FRESNOMADERA
FEDERAL
LAND
BANK
ASSOCIATION, FLCA

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ORDER

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THE PARTIES HAVING SO STIPULATED, IT IS HEREBY ORDERED that the

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complaint in intervention initiated by Intervenor Plaintiff and Cross-Defendant TERENCE J.

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LONG, TRUSTEE PURSUANT TO COURT ORDER, is dismissed with prejudice as against

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Defendant, Cross-Complainant and Counter-Complainant FRESNO-MADERA FEDERAL

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LAND BANK ASSOCIATION, FLCA only, and the cross-action initiated by Defendant,

PERKINS, MANN &
EVERETT, APC

{00062755.DOC;1}
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____________________________________________________________________________________________
Stipulation of Voluntary Dismissal and Order Thereon

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Cross-Complainant and Counter-Complainant FRESNO-MADERA FEDERAL LAND BANK

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ASSOCIATION, FLCA, is dismissed with prejudice as against Intervenor Plaintiff and Cross-

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Defendant TERENCE J. LONG, TRUSTEE PURSUANT TO COURT ORDER, only, with

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each party to bear his or its own attorneys’ fees and costs.

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IT IS SO ORDERED.
Dated: December 6, 2011
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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PERKINS, MANN &
EVERETT, APC

{00062755.DOC;1}
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____________________________________________________________________________________________
Stipulation of Voluntary Dismissal and Order Thereon