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

Filing 241

AMENDED Dismissal Pursuant to Fed. R. Civ. P. 41(A)(1)(A)(II) of Defendant Custom AG Formulators, Inc., signed by Magistrate Judge Barbara A. McAuliffe on 4/4/2023. (Marrujo, C)

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

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