Lion Raisins, Inc. v. United States Department of Agriculture et al
Filing
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STIPULATION of DISMISSAL; ORDER Thereon, signed by Judge Oliver W. Wanger on 6/28/11. CASE CLOSED. (Gonzalez, R)
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WESLEY T. GREEN SBN #201107
CORPORATE COUNSEL
P.O. Box 1350
9500 S. DeWolf Ave.
Selma, California 93662
Telephone: (559) 834-6677
Facsimile: (559) 834-4848
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Attorney for Plaintiffs, LION RAISINS, INC., a California corporation
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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LION RAISINS, INC.,
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Plaintiff,
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vs.
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UNITED STATES DEPARTMENT OF
AGRICULTURE; UNITED STATES
DEPARTMENT OF JUSTICE,
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Defendants.
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Case No.: 1:09-CV-01900-OWW-SMS
STIPULATION OF DISMISSAL;
ORDER THEREON
Hon. Oliver W. Wanger
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RECITALS
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On November 3, 2009, Plaintiff LION RAISINS, INC., a California corporation
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(“LION”) filed its Amended Complaint under the Freedom of Information Act (“FOIA”), 5 U.S.C. §
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552 for injunctive and other relief seeking the disclosure, release, and physical access to agency
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records allegedly withheld from LION by the UNITED STATES DEPARTMENT OF
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AGRICULTURE, and its components Agricultural Marketing Service (“AMS”), Office of the
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General Counsel (“OGC”), and Office of Inspector General (“OIG”), and defendant UNITED
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STATES DEPARTMENT OF JUSTICE (“DOJ”).
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2.
On January 11, 2010, Defendants USDA and DOJ filed their Answer to Amended
Complaint for Declaratory and Injunctive Relief [Freedom of Information Act].
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Page 1 of 2
_________________________________________
Stipulation Of Dismissal; Order Thereon
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On June 20, 2011 Defendants filed their Motion for Summary Judgment pursuant to
rule 56 of the Federal Rules of Civil Procedure.
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STIPULATION
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1.
IT IS HEREBY STIPULATED by and between the parties to this action through their
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designated counsel that the above-captioned action be and hereby is dismissed without prejudice
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pursuant to FRCP 41(a)(1).
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2.
IT IS FURTHER STIPULATED that by entering into this STIPULATION, LION
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does not waive any claims available to it by law, and the doctrines of res judicata and/or collateral
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estoppel are not effectuated by this dismissal.
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Respectfully submitted,
Dated: June 28, 2011
LION RAISINS, INC.
By:
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/s/ Wesley T. Green
WESLEY T. GREEN
Corporate Counsel
Attorney for Plaintiff
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Dated: June 27, 2011
BENJAMIN B. WAGNER
United States Attorney
[As authorized on June 27, 2011]
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By:
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/s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorneys for Defendant
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ORDER
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IT IS SO ORDERED.
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Dated:
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June 28, 2011
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
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emm0d64h
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Page 2 of 2
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Stipulation Of Dismissal; Order Thereon
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