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

Filing 259

ORDER Granting Stipulated Entry of Default and Dismissal of Claims signed by Magistrate Judge Barbara A. McAuliffe on 07/27/2023.(Flores, E)

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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DEERPOINT GROUP, INC., an Illinois
corporation,
Plaintiff,

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v.
AGRIGENIX, LLC, a Delaware limited
liability company; et al.
Defendants.

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Case No. 1:18-cv-00536-JLT-BAM
[PROPOSED] ORDER GRANTING
STIPULATED ENTRY OF DEFAULT
AND DISMISSAL OF CLAIMS
Hon. Jennifer L. Thurston
Hon. Barbara A. McAuliffe
SAC Filed: February 24, 2020
Trial date: None

AND RELATED COUNTERCLAIMS.

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A Stipulated Entry of Default and a Dismissal of Claims was filed on July 14, 2023. (Doc.
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253). In the stipulation, Plaintiff Deerpoint Group, Inc. and the Bankruptcy Estate of Defendant
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Agrigenix, LLC stipulate to entry of default against Defendant Agrigenix, LLC with respect to
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Plaintiff’s: First Claim for trade secret misappropriation under 18 U.S.C. sections 1836 et seq., the

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Second Claim for trade secret misappropriation under Cal. Civ. Code section 3426 et seq., the
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Third Claim for false advertising under 15 U.S.C. section 1125(a), the Seventh Claim for unfair
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competition under Cal. Bus. Prof. Code section 17200 et seq., and the Eighth Claim for patent
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infringement. (Id. at 2.) Plaintiff Deerpoint Group, Inc., and the Bankruptcy Estate of Defendant
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Agrigenix, LLC further stipulated to dismissal with prejudice as to Defendant Agrigenix, LLC’s

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operative counterclaims of property damage, unfair competition, intentional interference with
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[PROPOSED] ORDER GRANTING STIPULATED ENTRY OF DEFAULT AND DISMISSAL
OF CLAIMS, CASE NO. 1:18-CV-00536-JLT-BAM

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economic relationship, negligent interference with economic relationship, and declaratory

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judgment of invalidity of United States Patent No. 8,919,334. (Id. at 2; see Doc. 92 at 20-27.)

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In light of this stipulated dismissal, Agrigenix, LLC’s counterclaims against Deerpoint

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Group, Inc. are hereby dismissed with prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii).
Furthermore, the Clerk is directed to enter default against Agrigenix, LLC and in favor of

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Deerpoint Group, Inc. with respect to each of Deerpoint Group, Inc.’s following claims against

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Agrigenix, LLC:

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•

The First Claim for trade secret misappropriation under 18 U.S.C. sections 1836 et seq.,

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The Second Claim for trade secret misappropriation under Cal. Civ. Code section 3426
et seq.,

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The Third Claim for false advertising under 15 U.S.C. section 1125(a),

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The Seventh Claim for unfair competition under Cal. Bus. Prof. Code section 17200 et
seq., and

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•

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This order does not resolve any of the claims made by Plaintiff Deerpoint Group, Inc.

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The Eighth Claim for patent infringement.

against individual defendant Sean Mahoney.

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IT IS SO ORDERED.
Dated:

July 27, 2023

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER GRANTING STIPULATED ENTRY OF DEFAULT AND DISMISSAL
OF CLAIMS, CASE NO. 1:18-CV-00536-JLT-BAM

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