Morning Star Packing Company, et al v. SK Foods, et al

Filing 322

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 3/13/18, ORDERING that Plaintiffs' action as to only defendant Ingomar PackingCompany, LLC and defendant Greg Pruett is DISMISSED with prejudice. Each side shall bear its own attorneys' fees and costs. (Kastilahn, A)

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Dale C. Campbell, State Bar No. 99173
James Kachmar, State Bar No. 216781

WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation

400 Capitol Mall, 11th Floor
Sacramento, California 95814
[phone] – Main
[phone] – Facsimile
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs The Morning Star Packing Company,
Liberty Packing Company, LLC, California Fruit & Tomato
Kitchens, LLC, and The Morning Star Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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law corporation

weintraub tobin chediak coleman grodin

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)
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Plaintiffs,
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vs.
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SK FOODS, L.P., a California limited
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partnership; SCOTT SALYER, an individual; )
RANDALL RAHAL, an individual;
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INTRAMARK USA, INC., a New Jersey
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corporation; INGOMAR PACKING
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COMPANY, LLC, a California limited
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liability company; GREG PRUETT, an
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individual; LOS GATOS TOMATO
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PRODUCTS; STUART WOOLF, an individual; )
ALAN HUEY, an individual; and DOES 1
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through 50, inclusive,
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Defendants.
THE MORNING STAR PACKING COMPANY,
a California limited partnership; LIBERTY
PACKING COMPANY, LLC, a California
limited liability company; CALIFORNIA
FRUIT & TOMATO KITCHENS, LLC, a
California limited liability company; and
THE MORNING STAR COMPANY, a
California corporation,

Case No. 2:09-CV-00208 KJM-EFB
NOTICE OF STIPULATED REQUEST FOR
DISMISSAL WITH PREJUDICE AS TO
ONLY DEFENDANTS INGOMAR
PACKING COMPANY, LLC AND GREG
PRUETT
AND ORDER

Complaint Filed: January 22, 2009
Trial Date: No trial date set

Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC,

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{2403044.DOC;}

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Notice of Stipulated Request for Dismissal as to
Only
Defendants Ingomar and Pruett and [Proposed]
Order
Case No. 2:09-cv-00208-KJM-EFB

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California Fruit & Tomato Kitchens, LLC, and The Morning Star Company (collectively,

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“Plaintiffs”) and defendant Ingomar Packing Company, LLC and defendant Greg Pruett

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(collectively, the “Ingomar Defendants”), by and through their attorneys of record, file this

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stipulation and proposed order of dismissal with prejudice of only the Ingomar

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Defendants pursuant to Federal Rules of Civil Procedure, rule 41(a)(2).

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Plaintiffs filed their First Amended Complaint on January 29, 2010, naming the

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Ingomar Defendants as additional defendants.

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Complaint on December 6, 2010.

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Plaintiffs filed a Second Amended

Amended Complaint on November 4, 2011.

The Ingomar Defendants answered the Second

On or about February 15, 2018, Plaintiffs and the Ingomar Defendants entered into

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a confidential settlement agreement resolving all disputes between them. In accordance

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with the terms and conditions of that confidential settlement agreement, Plaintiffs

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the Ingomar Defendants hereby stipulate and request that only the Ingomar Defendants

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be dismissed with prejudice in the above-entitled action pursuant to rule 41(a)(2) of the

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law corporation

weintraub tobin chediak coleman grodin

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Federal Rules of Civil Procedure. Plaintiffs and the Ingomar Defendants further stipulate

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that each side shall bear its own attorneys’ fees and costs.

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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: March 8, 2018

WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation

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By:

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Company,

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Tomato

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and

Dated: March 8, 2018

/s/ Dale C. Campbell
Dale C. Campbell, SBN 99173

Attorneys for Plaintiffs The Morning Star Packing
Liberty Packing Company, LLC, California Fruit &
Kitchens, LLC, and The Morning Star Company

MORGAN, LEWIS & BOCKIUS LLP

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{2403044.DOC;}

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Notice of Stipulated Request for Dismissal as to
Only
Defendants Ingomar and Pruett and [Proposed]
Order
Case No. 2:09-cv-00208-KJM-EFB

By:

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Attorneys for Defendant Ingomar Packing Company,

LLC
///
Dated: March 8, 2018

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RAMSEY & EHRLICH LLP
By:

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/s/ Miles F. Ehrlich
Miles F. Ehrlich, SBN 237954

Attorneys for Defendant Greg Pruett

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ORDER

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Having reviewed the above Stipulated Request for Dismissal with Prejudice by

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Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, California

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Fruit & Tomato Kitchens, LLC, and The Morning Star Company (collectively, “Plaintiffs”)

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and defendant Ingomar Packing Company, LLC and defendant Greg Pruett, and good

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law corporation

weintraub tobin chediak coleman grodin

/s/ Sujal J. Shah
Sujal J. Shah, SBN 215230

cause appearing therefor,

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IT IS HEREBY ORDERED that Plaintiffs’ action as to only defendant Ingomar Packing

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Company, LLC and defendant Greg Pruett is dismissed with prejudice. Each side shall

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bear its own attorneys’ fees and costs.

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IT IS SO ORDERED.
DATED: March 13, 2018.

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UNITED STATES DISTRICT JUDGE

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{2403044.DOC;}

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Notice of Stipulated Request for Dismissal as to
Only
Defendants Ingomar and Pruett and [Proposed]
Order
Case No. 2:09-cv-00208-KJM-EFB