Folkens v. Wyland, et al

Filing 67

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/16/16 ORDERING that Plaintiff PIETER AREND FOLKENS, dba A HIGHER PORPOISE DESIGN GROUP's claims asserted in the Second Cause of Action and Third Cause of Action against Defen dants WYLAND (NFN), aka ROBERT THOMAS WYLAND, an individual, WYLAND WORLDWIDE, LLC, a California Corporation, WYLAND GALLERIES, INC., a California Corporation, SIGNATURE GALLERY GROUP, INC., a Nevada Corporation, dba WYLAND GALLERIES and DOES 1 through 50, inclusive as set forth in the First Amended Complaint filed in Case No.: 2:14-CV-02197-GEB-CKD are hereby dismissed without prejudice. (Becknal, R)

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Scott D. Reep, Esq. (SBN 136202)
Stephen Gizzi, Esq. (SBN 227574)
GIZZI & REEP, LLP
940 Adams Street, Suite A.
Benicia, California, 94510
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff PIETER AREND FOLKENS, dba
A HIGHER PORPOISE DESIGN GROUP

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Robert F. Helfing, Esq. (SBN 90418)
SEDGWICK LLP
801 S. Figueroa Street 19th Floor
Los Angeles, California, 90017-5556
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Defendants WYLAND; WYLAND WORLDWIDE, LLC;
WYLAND GALLERIES, INC.; and SIGNATURE GALLERY GROUP, INC.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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PIETER AREND FOLKENS, dba A
HIGHER PORPOISE DESIGN GROUP;
Plaintiff,

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Case No.: 2:14-CV-02197-GEB-CKD

STIPULATION TO DISMISS
PLAINTIFF’S SECOND AND THIRD
CAUSE OF ACTION; ORDER
GRANTING DISMISSAL

vs.
WYLAND (NFN), aka ROBERT THOMAS
WYLAND, an individual, WYLAND
WORLDWIDE, LLC, a California
Corporation, WYLAND GALLERIES, INC.,
a California Corporation, SIGNATURE
GALLERY GROUP, INC., a Nevada
Corporation, dba WYLAND GALLERIES
and DOES 1 through 50, inclusive;

[FRCP 41(a)(2)]

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Defendant.

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STIPULATION AND ORDER RE DISMISSAL

2:14-CV-02197-GEB-CKD

STIPULATION

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The Parties by and through their respective counsel of record agree and stipulate as follows:

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Plaintiff hereby seeks to dismiss the First Amended Complaint’s Second Cause of Action

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for Breach of Contract (Settlement Agreement), without prejudice. Each party stipulates

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that each party shall be responsible for their own fees, costs and expenses related to the

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litigation. No further actions will be undertaken relating to the claims in the First

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Amended Complaint by any parties, except as reflected by further stipulation of the

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parties.

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2.

Plaintiff hereby seeks to dismiss the First Amended Complaint’s Third Cause of Action

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for Declaratory Relief, without prejudice. Each party stipulates that each party shall be

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responsible for their own fees, costs and expenses related to the litigation. No further

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actions will be undertaken relating to the claims in the First Amended Complaint by any

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parties, except as reflected by further stipulation of the parties.

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IT IS SO STIPULATED AND AGREED.

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DATED: May 13, 2016

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GIZZI & REEP, LLP
By
/S/ Scott D. Reep, Esq.
Scott D. Reep, Esq.
Attorney for Plaintiff PIETER AREND FOLKENS dba A
HIGHER PORPOISE DESIGN GROUP

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DATED: May 13, 2016

SEDWICK, LLP

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By
/S/ Caroline Mankey, Esq.
Caroline Mankey, Esq.
Attorney for Defendants WYLAND; WYLAND
WORLDWIDE, LLC; WYLAND GALLERIES, INC.; and
SIGNATURE GALLERY GROUP, INC.

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STIPULATION AND ORDER RE DISMISSAL

2:14-CV-02197-GEB-CKD

ORDER

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Good cause appearing, and the parties having stipulated and agreed,

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IT IS HEREBY ORDERED that Plaintiff PIETER AREND FOLKENS, dba A HIGHER

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PORPOISE DESIGN GROUP's claims asserted in the Second Cause of Action and Third Cause of

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Action against Defendants WYLAND (NFN), aka ROBERT THOMAS WYLAND, an individual,

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WYLAND WORLDWIDE, LLC, a California Corporation, WYLAND GALLERIES, INC., a

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California Corporation, SIGNATURE GALLERY GROUP, INC., a Nevada Corporation, dba

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WYLAND GALLERIES and DOES 1 through 50, inclusive as set forth in the First Amended Complaint

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filed in Case No.: 2:14-CV-02197-GEB-CKD are hereby dismissed without prejudice.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May 16, 2016
/s/ John A. Mendez________________________
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND ORDER RE DISMISSAL

2:14-CV-02197-GEB-CKD