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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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.: [phone]
Fax: [phone]
Attorneys for Plaintiff

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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: [phone]
Facsimile: [phone]

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Attorneys for Defendants

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U.S. DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO CAMPOS, Trustee of the ANTONIO
AND JULIET CAMPOS FAMILY TRUST doing
business as CAMPOS BROTHERS FARMS,
Plaintiff,

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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.

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IT IS HEREBY STIPULATED by and between Plaintiff, Antonio Campos, Trustee of the

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Antonio and Juliet Campos Family Trust, as amended and restated under instrument dated October 8,

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1996, doing business as Campos Brothers Farms, through his counsel of record herein, Kirin K. Virk of

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the law firm of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva, and Michael Allan of the law firm

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of Steptoe & Johnson LLP, and Defendants, Campos Family Farms, LLC, a California limited liability

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company, Veronica Campos, individually, Fermin M. Campos, individually and as Trustee of the

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Fermin and Veronica Campos Family Trust, as amended and restated in 2008, and as Trustee of the

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Fermin M. Campos Administrative Trust and Alfredo Martinez, individually, through their counsel of

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record, Marshall Whitney, W.F. Docker and Timothy Buchanan of the law firm of McCormick,

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Barstow, Sheppard, Wayte & Carruth LLP, as follows:

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RECITALS
A. Plaintiff filed this action (the “Trademark Action”) against Defendants on April 16,

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2012. By recommended order of June 8, 2012 and final order of June 25, 2012, the Court ordered the

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Trademark Action to arbitration before Justice Nickolas Dibiaso (Ret.).

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B. Accordingly, the parties arbitrated the claims in the Trademark Action, in addition to

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claims and disputes related to a pending action between some of these parties and other parties in

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Fresno Superior Court, Fermin Campos Farms, Inc. et al. v. Antonio Campos, et al., Fresno County

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Superior Court, Case No. 10 CECG 01292 KCK (the “Partnership Action”).

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C. The parties to the Trademark Action and the Partnership Action entered into a full and

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complete settlement of their claims and disputes by way of a written and signed settlement agreement

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executed on July 5, 2017 (the “Settlement”).

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D. As part of the Settlement, Plaintiff and Defendants agreed that this Court will retain

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jurisdiction over the Trademark Action and the parties thereto to enforce the provisions of the

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Settlement related to the Trademark Action.

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NOW, THEREFORE, IT IS HEREBY STIPULATED as follows:

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STIPULATION

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1. The Trademark Action shall be dismissed with prejudice.

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2. The Court shall retain jurisdiction over the Trademark Action for the purpose of enforcing the

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Parties’ related Settlement.
3. The Parties shall bear their own costs and attorney’s fees in the Trademark Action.
DATED: September 7, 2017

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DAMRELL, NELSON, SCHRIMP,
PALLIOS, PACHER & SILVA
By: /s/ Kirin K. Virk
Kirin K. Virk
Attorneys for Plaintiff

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STEPTOE & JOHNSON LLP

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Michael J. Allan
Attorneys for Plaintiff

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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

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ORDER

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Pursuant to the foregoing Stipulation, the case has ended and is dismissed with prejudice. See

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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.

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London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the

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plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”).

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2.

The Clerk of the Court is DIRECTED to close this case.

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The Court will retain jurisdiction for the purpose of permitting the parties to enforce the terms

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of their Settlement with respect to the Trademark Action.
4. The parties shall bear their own costs and attorney’s fees.

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IT IS SO ORDERED.

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Dated:

September 19, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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