Lion Raisins, Inc. v. United States Department of Agriculture et al

Filing 39

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: [phone]
Facsimile: [phone]

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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
1.

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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Stipulation Of Dismissal; Order Thereon

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3.

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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Stipulation Of Dismissal; Order Thereon