Kings Valley Industries v. Stockton Ingredient Services, Corp.

Filing 4

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/22/2011 ORDERING that the United States of America, Small Business Administration is DISMISSED without prejudice. The remainder of the case is REMANDED to San Joaquin County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant United States of America,
Small Business Administration

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KINGS VALLEY INDUSTRIES,
a California corporation,

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Plaintiff,
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v.
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STOCKTON INGREDIENT SERVICES,
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CORP., a California corporation;
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INTERNATIONAL QUALITY
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INGREDIENTS, a Netherlands limited
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liability company; FARM BRANDS
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LIMITED, a New Zealand limited liability )
company; A.E.J. PROPERTIES, LLC, a
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California limited liability company; ZIONS )
FIRST NATIONAL BANK, a Utah corp.;
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CAPITAL ACCESS GROUP, INC., a
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California corporation; SMALL BUSINESS )
ADMINISTRATION, an Agency of the
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United States Government; ENDURO
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SYSTEMS, INC. dba INTERSYSTEMS,
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a California corporation; GRIDER
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ELECTRIC CORPORATION, a California )
corporation; UNITED RENTALS NORTH )
WEST INC., an Oregon corporation; and
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DOES 1 through 50, inclusive,
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Defendants.
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2:11-cv-02450-LKK -GGH
STIPULATION TO DISMISS
DEFENDANT SMALL BUSINESS
ADMINISTRATION WITHOUT
PREJUDICE AND REMAND THE
REMAINDER OF THE CASE; ORDER

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Plaintiff Kings Valley Industries ("Kings Valley") and the United States of America,

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Small Business Administration (“SBA”), acting through counsel, stipulate that the SBA be

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dismissed without prejudice from this action and that the remainder of the case may be remanded

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back to San Joaquin Superior Court, and the parties will bear their own costs and fees, if any,
Stipulation to Dismiss Defendant Small Business Administration
Without Prejudice and Remand the Remainder of the Case

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arising from this action. The parties request the Court endorse this stipulation by way of formal

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order.

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Respectfully submitted,
Dated: September 20, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/Jeffrey J. Lodge
JEFFREY J. LODGE
Assistant U.S. Attorney
Attorneys for United States of America

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Dated: September 20, 2011

WAGNER & WAGNER,
a Professional Corporation

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By:
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/s/Bryan N. Wagner
BRYAN N. WAGNER
Attorneys for Plaintiff Kings Valley
Industries

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ORDER
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Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and the terms of
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the stipulation set forth above, the United States of America, Small Business Administration is
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dismissed as a party without prejudice. The remainder of the case shall be remanded to San
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Joaquin County Superior Court.
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Dated: September 22, 2011
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Stipulation to Dismiss Defendant Small Business Administration
Without Prejudice and Remand the Remainder of the Case

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