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

Filing 336

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/16/2019 DISMISSING Scott Salyer only, with prejudice. Each side shall bear its own attorneys' fees and costs. (Huang, H)

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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,

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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,

vs.
SK FOODS, L.P., a California limited
partnership; SK PM CORPORATION, a
California corporation; 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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NOTICE OF STIPULATED REQUEST FOR
DISMISSAL WITH PREJUDICE AS TO ONLY
DEFENDANT SCOTT SALYER
AND ORDER

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

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Case No. 2:09-CV-00208 KJM-EFB

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{2645667.DOC;}

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Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; Order
Case No. 2:09-cv-00208-KJM-EFB

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

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

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“Plaintiffs”) and defendant Scott Salyer (“Salyer”), by and through their attorneys of record,

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file this stipulation and proposed order of dismissal with prejudice of the claims against Salyer

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

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Plaintiffs filed their Complaint on January 22, 2009, naming Salyer and others as

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defendants. Dkt. 1. On January 29, 2010, Plaintiffs filed a First Amended Complaint. Dkt. 100.

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On December 6, 2010, Plaintiffs filed a Second Amended Complaint. Dkt. 116.
In accordance with the terms and conditions of a settlement agreement between

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Plaintiffs and Salyer, the parties hereby stipulate and request that Salyer be dismissed with

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prejudice in the above-entitled action pursuant to rule 41(a)(2) of the Federal Rules of Civil

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Procedure. Plaintiffs and Salyer further stipulate that each side shall bear its own attorneys’

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fees and costs.

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IT IS SO STIPULATED.

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law corporation

weintraub tobin chediak coleman grodin

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Respectfully submitted,
Dated: April 29, 2019

Law Corporation

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By:

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Company,

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WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN

Dated: April 29, 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

SEGAL & ASSOCIATES
By:

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

/s/ Malcolm S. Segal
Malcolm S. Segal, SBN 75481

Attorneys for Defendant Scott Salyer

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{2645667.DOC;}

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Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; 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 Scott

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Salyer, and good cause appearing therefor,

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IT IS HEREBY ORDERED that Plaintiffs’ action as to defendant Scott Salyer only is
dismissed with prejudice. Each side shall bear its own attorneys’ fees and costs.
IT IS SO ORDERED.
DATED: May 16, 2019.

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UNITED STATES DISTRICT JUDGE

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{2645667.DOC;}

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Notice of Stipulated Request for Dismissal as to Only
Defendant Scott Salyer; Order
Case No. 2:09-cv-00208-KJM-EFB