Campos et al v. Campos Family Farms, LLC et al

Filing 63

ORDER re Stipulation of Dismissal of Action and Request to Retain Jurisdiction Over Settlement; ORDER for Clerk to Close Case, signed by Magistrate Judge Erica P. Grosjean on 9/19/17. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 9 Kirin K. Virk, State Bar No. 221369 DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA 1601 I Street, Fifth Floor Modesto, CA 95354 Michael J. Allan, Esq. Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Tel.: (202) 429-3000 Fax: (202) 429-3902 Attorneys for Plaintiff 14 Marshall C. Whitney, State Bar No. 82952 W. F. Docker, State Bar No. 76250 Timothy J. Buchanan, State Bar No. 100409 McCormick, Barstow, Sheppard, Wayte & Carruth LLP 7647 North Fresno Street Fresno, California 93720 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 15 Attorneys for Defendants 10 11 12 13 16 U.S. DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 20 ANTONIO CAMPOS, Trustee of the ANTONIO AND JULIET CAMPOS FAMILY TRUST doing business as CAMPOS BROTHERS FARMS, Plaintiff, 21 22 23 24 25 26 27 Case No. 12-CV-00598-DAD-EPG STIPULATION OF DISMISSAL OF ACTION AND REQUEST TO RETAIN JURISDICTION OVER SETTLEMENT vs. CAMPOS FAMILY FARMS, LLC, a California limited liability company; VERONICA CAMPOS, individually; FERMIN M. CAMPOS, individually and as Trustee of the FERMIN AND VERONICA CAMPOS FAMILY TRUST and the FERMIN M. CAMPOS ADMINISTRATIVE TRUST; and ALFREDO MARTINEZ, individually, ORDER FOR CLERK TO CLOSE CASE Defendants. 28 1 1 IT IS HEREBY STIPULATED by and between Plaintiff, Antonio Campos, Trustee of the 2 Antonio and Juliet Campos Family Trust, as amended and restated under instrument dated October 8, 3 1996, doing business as Campos Brothers Farms, through his counsel of record herein, Kirin K. Virk of 4 the law firm of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva, and Michael Allan of the law firm 5 of Steptoe & Johnson LLP, and Defendants, Campos Family Farms, LLC, a California limited liability 6 company, Veronica Campos, individually, Fermin M. Campos, individually and as Trustee of the 7 Fermin and Veronica Campos Family Trust, as amended and restated in 2008, and as Trustee of the 8 Fermin M. Campos Administrative Trust and Alfredo Martinez, individually, through their counsel of 9 record, Marshall Whitney, W.F. Docker and Timothy Buchanan of the law firm of McCormick, 10 Barstow, Sheppard, Wayte & Carruth LLP, as follows: 11 RECITALS A. Plaintiff filed this action (the “Trademark Action”) against Defendants on April 16, 12 13 2012. By recommended order of June 8, 2012 and final order of June 25, 2012, the Court ordered the 14 Trademark Action to arbitration before Justice Nickolas Dibiaso (Ret.). 15 B. Accordingly, the parties arbitrated the claims in the Trademark Action, in addition to 16 claims and disputes related to a pending action between some of these parties and other parties in 17 Fresno Superior Court, Fermin Campos Farms, Inc. et al. v. Antonio Campos, et al., Fresno County 18 Superior Court, Case No. 10 CECG 01292 KCK (the “Partnership Action”). 19 C. The parties to the Trademark Action and the Partnership Action entered into a full and 20 complete settlement of their claims and disputes by way of a written and signed settlement agreement 21 executed on July 5, 2017 (the “Settlement”). 22 D. As part of the Settlement, Plaintiff and Defendants agreed that this Court will retain 23 jurisdiction over the Trademark Action and the parties thereto to enforce the provisions of the 24 Settlement related to the Trademark Action. 25 NOW, THEREFORE, IT IS HEREBY STIPULATED as follows: 26 /// 27 /// 28 2 1 STIPULATION 2 1. The Trademark Action shall be dismissed with prejudice. 3 2. The Court shall retain jurisdiction over the Trademark Action for the purpose of enforcing the 4 5 6 Parties’ related Settlement. 3. The Parties shall bear their own costs and attorney’s fees in the Trademark Action. DATED: September 7, 2017 7 DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA By: /s/ Kirin K. Virk Kirin K. Virk Attorneys for Plaintiff 8 9 STEPTOE & JOHNSON LLP 10 11 Michael J. Allan Attorneys for Plaintiff 12 13 14 15 16 17 DATED: September 7, 2017 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP By: /s/ Marshall C. Whitney Marshall C. Whitney W. F. Docker Timothy J. Buchanan Attorneys for Defendants 18 19 20 21 22 23 24 25 26 27 28 3 ORDER 1 2 1. Pursuant to the foregoing Stipulation, the case has ended and is dismissed with prejudice. See 3 Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Concha v. 4 London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the 5 plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”). 6 2. The Clerk of the Court is DIRECTED to close this case. 3. The Court will retain jurisdiction for the purpose of permitting the parties to enforce the terms 7 8 9 10 of their Settlement with respect to the Trademark Action. 4. The parties shall bear their own costs and attorney’s fees. 11 12 IT IS SO ORDERED. 13 14 Dated: September 19, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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