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

Filing 332

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 04/19/19 DISMISSING with prejudice defendants Intramark USA, Inc. and Randall Rahal only. Each side shall bear its ownattorneys' fees and costs. (Benson, 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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Plaintiffs,
vs.
SK FOODS, L.P., a California limited
partnership; SCOTT SALYER, an individual;
RANDALL RAHAL, an individual;
INTRAMARK USA, INC., a New Jersey
corporation; INGOMAR PACKING
COMPANY, LLC, a California limited liability
company; GREG PRUETT, an individual; LOS
GATOS TOMATO PRODUCTS; STUART
WOOLF, an individual; ALAN HUEY, an
individual; and DOES 1 through 50,
inclusive,
Defendants.

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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 RANDALL RAHAL AND
INTRAMARK USA, INC.
AND ORDER

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

Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC,
California Fruit & Tomato Kitchens, LLC, and The Morning Star Company (collectively,
{2642475.DOC;}

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Notice of Stipulated Request for Dismissal as to Only
Defendants Rahal and Intramark USA; Order
Case No. 2:09-cv-00208-KJM-EFB

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“Plaintiffs”) and defendants Randall Rahal and Intramark USA, Inc. (collectively, the “Rahal

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Defendants”), by and through their attorneys of record, file this stipulation and proposed

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order of dismissal with prejudice of only the Rahal Defendants pursuant to Federal Rules of

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Civil Procedure, rule 41(a)(2).

others as defendants. On or about November 6, 2009, Plaintiffs and the Rahal Defendants

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entered into a confidential settlement agreement resolving all disputes between them and

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which provided that a dismissal with prejudice would be filed upon successful completion of

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specified conditions precedent. The parties executed a First Amendment to Settlement

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Agreement and Mutual General Release dated March 18, 2019 (the “Amended Settlement

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Agreement”). In accordance with the terms and conditions of the Amended Settlement

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Agreement, Plaintiffs and the Rahal Defendants hereby stipulate and request that only the

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Rahal Defendants be dismissed with prejudice in the above-entitled action pursuant to

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rule 41(a)(2) of the Federal Rules of Civil Procedure. Plaintiffs and the Rahal Defendants further

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law corporation

Plaintiffs filed their Complaint on January 22, 2009, naming the Rahal Defendants and

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weintraub tobin chediak coleman grodin

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stipulate 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: April 11, 2019

Law Corporation

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By:

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Company,

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WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN

Dated: April 11, 2019

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Attorneys for Plaintiffs The Morning Star Packing
Liberty Packing Company, LLC, California Fruit & Tomato
Kitchens, LLC, and The Morning Star Company
ADAMS BUCHAN & PALO LLC
By:

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

/s/ Christopher Adams
Christopher Adams

Attorneys for Defendants Randall Rahal and
Intramark USA, Inc.

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{2642475.DOC;}

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Notice of Stipulated Request for Dismissal as to Only
Defendants Rahal and Intramark USA; Order
Case No. 2:09-cv-00208-KJM-EFB

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ORDER

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Having reviewed the above Stipulated Request for Dismissal with Prejudice by Plaintiffs

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The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit & Tomato

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Kitchens, LLC, and The Morning Star Company (collectively, “Plaintiffs”) and defendant Randall

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Rahal and defendant Intramark USA, Inc., and good cause appearing therefor,

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IT IS HEREBY ORDERED that Plaintiffs’ action as to only defendant Randal Rahall and

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defendant Intramark USA, Inc. is dismissed with prejudice. Each side shall bear its own

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attorneys’ fees and costs.

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IT IS SO ORDERED.
Dated: April 19, 2019.

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UNITED STATES DISTRICT JUDGE

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law corporation

weintraub tobin chediak coleman grodin

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{2642475.DOC;}

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Notice of Stipulated Request for Dismissal as to Only
Defendants Rahal and Intramark USA; Order
Case No. 2:09-cv-00208-KJM-EFB