Tavie Diversified, INC., a California Corporation et al v. The Pictsweet Company, a Delaware corporation

Filing 38

STIPULATION and ORDER for DISMISSAL; ORDER to Administratively CLOSE CASE signed by Magistrate Judge Sheila K. Oberto on 6/26/2014. CASE CLOSED. (Sant Agata, S)

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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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TAVIE DIVERSIFIED, INC., a California
Corporation; OCTAVIA DIENER, in her
capacity as TRUSTEE of the OCTAVIA
DIENER LIVING TRUST, C.M.A., a
California general partnership; and RED
ROCK RANCH, INC., a California
corporation,

Case No. 1:13-cv-00901-SKO
STIPULATION FOR DISMISSAL;
ORDER TO ADMINISTRATIVELY
CLOSE CASE
(F.R.C.P. 41)

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Plaintiffs,
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v.
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THE PICTSWEET COMPANY, a Delaware
corporation, and DOES 1 through 20,
inclusive,

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Defendants.
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and related Counterclaim
Plaintiffs/Counter-defendants Tavie Diversified, Inc., C.M.A., Octavia Diener, in her
capacity as Trustee of the Octavia Diener Living Trust, and Red Rock Ranch, Inc. ("Plaintiffs")
and Defendant/Counterclaimant The Pictsweet Company ("Defendant"), by their attorneys,
stipulate and provide notice that this entire case settled. The parties hereby stipulate and agree
that the complaint and counterclaim be dismissed in its entirety with prejudice.
The undersigned attorneys, as representatives of each party, certify that they are
authorized by the party they represent to agree to the dismissal of this action with prejudice.
IT IS SO STIPULATED.

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Date: June 24, 2014

WALTER & WILHELM LAW GROUP

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By:

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13cv901.o.TavieDiversified.StipForDismissal.nah

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/s/ Tracy E. Blair

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MICHAEL L. WILHELM
TRACY E. BLAIR
Attorneys for Plaintiffs and
Counterdefendants

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Date: June 24, 2014

KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP

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By:

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/s/ Connie M. Parker
DAVID J. COOPER
CONNIE M. PARKER
Attorneys for Defendant and
Counterclaimant

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ORDER

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Based on the Stipulation of Plaintiffs/Counter-defendants Tavie Diversified, Inc.,
C.M.A.,

Octavia

Diener

Living

Trust,

and

Red

Rock

Ranch,

Inc.

and

Defendant/Counterclaimant The Pictsweet Company, the complaint and counterclaim have
been dismissed with prejudice.

Caselaw concerning stipulated dismissals under Rule

41(a)(1)(A)(ii) is clear that the entry of such a stipulation of dismissal is effective
automatically and does not require judicial approval. Commercial Space Mgmt. Co. v. Boeing
Co., 193 F.3d 1074, 1077 (9th Cir. 1999).
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall administratively
close this case.

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IT IS SO ORDERED.

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Dated:

June 26, 2014

/s/ Sheila K. Oberto

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UNITED STATES MAGISTRATE JUDGE

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13cv901.o.TavieDiversified.StipForDismissal.nah

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