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

Filing 865

STIPULATION For Voluntary Dismissal; ORDER, signed by District Judge Anthony W. Ishii on 1/31/2013. (Fahrney, E)

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Patrick J. Gorman (SBN 131138)
Bruce M. Brown (SBN 075943)
WILD, CARTER & TIPTON
A Professional Corporation
246 West Shaw Avenue
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiffs in Intervention, Aron Margosian, Four Play Farms, George Margosian,
Margosian Bros., Three Play Farms, Two Play Farms, LLC and Visalia Produce Sales, Inc.

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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.,
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Plaintiffs,
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v.
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Z&S FRESH, INC., a California
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corporation; Z&S DISTRIBUTING
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COMPANY, INC., a California
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corporation, MARTIN ZANINOVICH, an )
individual; MARGARET aka MARGE
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SCHOENBURG, an individual, et al.
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Defendants
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AND ALL RELATED ACTIONS
)
)

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Stipulation for Voluntary Dismissal; Order

Case Number 1:09-CV-00906-AWI-MJS
STIPULATION FOR VOLUNTARY
DISMISSAL; ORDER
_________________________________

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

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Civil Procedure, Rule 41(a)(1), by and between Defendants, Loren Schoenburg and Margaret

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Schoenburg and Plaintiffs in Intervention, Aron Margosian, Four Play Farms, George Margosian,

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Margosian Bros., Three Play Farms, Two Play Farms, LLC and Visalia Produce Sales, Inc. as

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follows:

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That the actions commenced on July 10, 2009, July 13, 2009 and July 31, 2009,

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by Plaintiffs in Intervention, Aron Margosian (Doc. 74), Four Play Farms (Doc. 72), George

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Margosian (Doc. 75), Margosian Bros. (Doc. 76), Three Play Farms (Doc. 78), Two Play Farms,

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LLC (Doc. 186) and Visalia Produce Sales, Inc. (Doc. 64) are hereby dismissed, as against

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Defendants, Loren Schoenburg and Margaret Schoenburg only, with each party to bear their own

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attorneys’ fees and costs. The dismissals are with prejudice as to the claims plead in the above

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referenced Complaints in Intervention only and the parties, through their counsel, acknowledge

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and agree that the dismissals shall have no force or effect over any claims between the parties in

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the action currently pending in Tulare County Superior Court, Case No. 10-238202.

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Dated: January 31, 2013

WILD, CARTER & TIPTON
A Professional Corporation

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By: /s/ Patrick J. Gorman
PATRICK J. GORMAN
Attorneys for Aron Margosian, Four
Play Farms, George Margosian,
Margosian Bros., Three Play Farms,
Two Play Farms, LLC, and Visalia
Produce Sales, Inc.

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Dated: January 31, 2013

WILKINS, DROLSHAGEN &
CZESHINSKI, LLP

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By:

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Stipulation for Voluntary Dismissal; Order

/s/ James H. Wilkins
JAMES H. WILKINS
Attorneys for Loren Schoenburg
and Margaret Schoenburg

ORDER

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THE PARTIES HAVING SO STIPULATED, IT IS HEREBY ORDERED that

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the above-captioned actions initiated by Plaintiffs in Intervention Aron Margosian, Four Play

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Farms, George Margosian, Margosian Bros., Three Play Farms, Two Play Farms, LLC and

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Visalia Produce Sales, Inc. are dismissed as against Defendants, Loren Schoenburg and Margaret

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Schoenburg only, with each party to bear their own attorneys’ fees and costs. The dismissals are

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with prejudice as to the claims plead in the above referenced Complaints in Intervention only and

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shall have no force or effect over any claims between the parties in the action currently pending

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in the Tulare County Superior Court, Case No. 10-238202.

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IT IS SO ORDERED.
Dated:
0m8i78

January 31, 2013
SENIOR DISTRICT JUDGE

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Stipulation for Voluntary Dismissal; Order