Banfi Products Corporation v Gnekow Family Winery, LLC

Filing 28

STIPULATION and ORDER of DISMISSAL signed by Judge Morrison C. England, Jr. on 4/16/09 ORDERING that the Court retains jurisdiction to enforce the Settlement Agreement between the parties. CASE CLOSED. (Engbretson, K.)

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Talley E. McIntyre (Bar No. 203131) [e-mail] NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Phone: [phone] Fax: [phone] Co-Counsel: (not yet admitted pro hac vice) Richard D. Rochford [e-mail] Michael F. Orman [e-mail] Kristen M. Walsh [e-mail] NIXON PEABODY LLP 1100 Clinton Square Rochester, New York 14604-1792 Phone: [phone] Fax: [phone] Attorneys for Plaintiff BANFI PRODUCTS CORPORATION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BANFI PRODUCTS CORPORATION, Plaintiff, vs. GNEKOW FAMILY WINERY, LLC, Defendant. Complaint Filed: 8/1/08 Amended Complaint Filed: 10/29/08 Case No. 2:08-CV-01796-MCE-KJM STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1) AND ORDER TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT [FILED UNDER SEAL]

IT IS HEREBY STIPULATED by and between Plaintiff BANFI PRODUCTS CORPORATION and Defendant GNEKOW FAMILY WINERY, LLC as follows:

STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1) AND ORDER CASE NO. 2:08-CV-01796-MCE-KJM

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Pursuant to a separate Settlement Agreement and Release executed by the parties, the abovecaptioned action, including all claims, counterclaims, and affirmative defenses, by the parties herein, shall be dismissed without prejudice pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own attorneys' fees, expenses and costs of suit. In accordance with Local Rule 16-271(o), this Stipulation for Dismissal is filed in lieu of the parties' Joint Voluntary Dispute Resolution Program Completion Report. The parties request that the Court retain jurisdiction to enforce the Settlement Agreement between Plaintiff and Defendant, attached hereto as Exhibit A and which is being filed under seal, by issuing an Order that explicitly retains jurisdiction to enforce the Settlement Agreement and incorporates the terms of the Settlement Agreement pursuant to Kokkonen v. Guardian Life Insurance Co. of America, 511 U.S. 375, 381-82 (1994). A Proposed Order accompanies this Stipulation. IT IS SO STIPULATED. SIGNATURE AND CERTIFICATION BY PARTIES AND COUNSEL Lisa Blanco Jimenez, counsel for Defendant Gnekow Family Winery, LLC, has authorized counsel for Plaintiff to sign this Stipulation on her behalf. Respectfully submitted, NIXON PEABODY LLP

DATED: April 9, 2009

By:

/s/ Talley E. McIntyre Talley E. McIntyre Attorneys for Plaintiff BANFI PRODUCTS CORPORATION

-2STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1) AND ORDER CASE NO. 2:08-CV-01796-MCE-KJM 12371243.4

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DATED: April 9, 2009

Respectfully submitted, NEUMILLER & BEARDSLEE

By:

/s/ Lisa Blanco Jimenez Lisa Blanco Jimenez Attorneys for Defendant GNEKOW FAMILY WINERY, LLC

-3STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1) AND ORDER CASE NO. 2:08-CV-01796-MCE-KJM 12371243.4

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STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1) AND ORDER CASE NO. 2:08-CV-01796-MCE-KJM

ORDER Plaintiff BANFI PRODUCTS CORPORATION and Defendant GNEKOW FAMILY WINERY, LLC, having stipulated to a dismissal without prejudice pursuant to F.R.C.P. 41(a)(1), and having executed the Settlement Agreement stated herein, which Settlement Agreement is being filed under seal, the Court hereby retains jurisdiction to enforce the Settlement Agreement between Plaintiff and Defendant and incorporates the terms of the Settlement Agreement in said dismissal. IT IS SO ORDERED. Dated: April 16, 2009 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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STIPULATION FOR DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1) AND ORDER CASE NO. 2:08-CV-01796-MCE-KJM

Banfi Products Corporation v. Gnekow Family Winery, LLC Case No. 2:08-CV-01796-MCE-KJM

EXHIBIT A SETTLEMENT AGREEMENT FILED UNDER SEAL

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