Deerpoint Group, Inc. v. Agrigenix, LLC et al

Filing 240

ORDER Dismissing Custom AG Formulators, Inc., signed by Magistrate Judge Barbara A. McAuliffe on 4/3/2023. (Marrujo, C)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 6 GROUP, INC., an Illinois 7 DEERPOINT corporation, 8 Plaintiff, 9 v. 10 AGRIGENIX, LLC, a Delaware limited 11 liability company; et al., Defendants. 12 Case No. 1:18-cv-00536-AWI-BAM [PROPOSED] ORDER DISMISSING CUSTOM AG FORMULATORS, INC. Judge: Barbara A. McAuliffe Courtroom: 8, 6th Floor SAC Filed: February 24, 2020 Trial date: None 13 AND RELATED COUNTERCLAIMS. 14 15 Plaintiff Deerpoint Group, Inc. (“DPG”) and Defendant Custom Ag Formulators, Inc. 16 (“CAF”) have filed a stipulation of dismissal dated January 27, 2023, in which DPG dismissed its 17 claim against CAF with prejudice and CAF dismissed its counterclaims against DPG, in both 18 instances with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with all attorneys’ fees, costs, 19 and expenses to be borne by the party incurring the same. (Doc. 231.) In light of the stipulated 20 dismissal, Defendant Custom Ag Formulators, Inc., only, is dismissed from this action by 21 operation of law without further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk 22 of the Court is directed to terminate this defendant on the docket. 23 This Court retains jurisdiction, for one year, over any dispute regarding the Settlement 24 Agreement between DPG and CAG. 25 IT IS SO ORDERED. 26 27 Dated: /s/ Barbara April 3, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 ORDER DISMISSING CUSTOM AG FORMULATORS, INC. CASE NO. 1:18-CV-00536-AWI-BAM

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