Chapman v. Togo's, et al.

Filing 25

ORDER signed by Chief Judge Morrison C. England, Jr on 11/30/15 ORDERING that CMD SERVICES, INC.'s Counterclaim is DISMISSED with prejudice in its entirety. Each party shall bear its own attorneys' fees and costs. (Becknal, R)

1
2
3
4
5
6
7

TRAINOR FAIRBROOK
DANIEL M. STEINBERG (SBN 194948)
[e-mail]
JESSICA A. ROBISON (SBN 220846)
[e-mail]
980 Fulton Avenue
Sacramento, California 95825
Telephone:
[phone]
Facsimile:
[phone]
mlr:1614058.1402986.1

Attorneys for Counter-Defendant/Counter-Claimant
CMD SERVICES, INC.

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

Attorneys At Law

980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: [phone]
Facsimile: [phone]

TRAINOR FAIRBROOK

10
11
12
13
14
15
16
17

BYRON CHAPMAN,
Plaintiff,
v.
TOGO'S; JOSEPH LUKSICH and
NORMA LUKSICH, Trustees under THE
LUKSICH FAMILY TRUST, dated
January 3, 1991; LOUIE J. CROCE and
ANNA M. CROCE, Trustees under THE
CROCE FAMILY TRUST, dated May 2,
1991; and FARR HOLDINGS
CORPORATION, a California Corporation
dba TOGO'S BASKIN ROBBINS,

18
19
20
21
22
23
24
25
26
27

Case No. 2:14-CV-00330-MCE-EFB
CMD SERVICES, INC.'S NOTICE OF
VOLUNTARY DISMISSAL OF
COUNTERCLAIM; ORDER
Complaint Filed:
Trial Date:

Defendants.
JOSEPH LUKSICH and NORMA
LUKSICH, Trustees under THE LUKSICH
FAMILY TRUST, dated January 3, 1991;
LOUIE J. CROCE and ANNA M. CROCE,
Trustees under THE CROCE FAMILY
TRUST, dated May 2, 1991,
Counter- Claimants,
v.
CMD SERVICES, INC., and FARR
HOLDINGS CORPORATION, a
California Corporation dba TOGO'S
BASKIN ROBBINS,
Counter-Defendants.

28
CMD SERVICES, INC.'S NOTICE OF VOLUNTARY DISMISSAL OF
COUNTERCLAIM; ORDER

February 3, 2014
March 11, 2016

1
2
3
4
5
6
7
8
9

Attorneys At Law

980 FULTON AVENUE
SACRAMENTO, CALIFORNIA 95825
Telephone: [phone]
Facsimile: [phone]

TRAINOR FAIRBROOK

10
11

CMD SERVICES, INC.,
Counter- Claimant,
v.
JOSEPH LUKSICH and NORMA
LUKSICH, Trustees under THE LUKSICH
FAMILY TRUST, dated January 3, 1991;
LOUIE J. CROCE and ANNA M. CROCE,
Trustees under THE CROCE FAMILY
TRUST, dated May 2, 1991; and FARR
HOLDINGS CORPORATION, a
California Corporation dba TOGO'S
BASKIN ROBBINS,
Counter-Defendants.
Pursuant to Federal Rule of Civil Procedure 41(c), Counter-Defendant and Counter-

12

Claimant CMD SERVICES, INC. ("CMD"), and in accordance with the Settlement Agreement

13

dated November 13, 2015 and entered into by all parties, by and through their counsel, hereby

14

dismisses their Counterclaim with prejudice in its entirety. Each party is to bear their own

15

attorneys' fees and costs.

16

Dated: November 19, 2015

TRAINOR FAIRBROOK

17
18

By:/S/ Daniel M.Steinberg
DANIEL M. STEINBERG

19
20
21
22
23
24

ORDER
It is hereby ordered that CMD SERVICES, INC.'s Counterclaim is DISMISSED with
prejudice in its entirety. Each party shall bear its own attorneys' fees and costs.
IT IS SO ORDERED.
Dated: November 30, 2015

25
26
27
28
CMD SERVICES, INC.'S NOTICE OF VOLUNTARY DISMISSAL OF
COUNTERCLAIM; ORDER

-2-