C & S Wholesales Grocers, Inc. v Delano

Filing 18

STIPULATION and ORDER 17 signed by District Judge Troy L. Nunley on 2/2/2015 ORDERING Plaintiff's claims asserted against Defendants Harley Delano, Dennis Delano, and 2040 Fairfax, Inc. ONLY are DISMISSED WITH PREJUDICE. The Court shall retain jurisdiction to enforce the terms of this Order and the terms of the Settlement Agreement executed by and between Plaintiff and Defendants Harley Delano, Dennis Delano, and 2040 Fairfax, Inc. (Krueger, M)

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MICHAEL J. STORTZ (SBN 139386)
[e-mail]
MATTHEW J. ADLER (SBN 273147)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
C&S WHOLESALE GROCERS, INC., on behalf of
Estate of Delano Retail Partners, LLC

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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C&S WHOLESALE GROCERS, INC., a
Vermont corporation, on behalf of Estate of
Delano Retail Partners, LLC,

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Case No. 2:14-cv-02215-TLN-DAD
STIPULATION AND ORDER OF
DISMISSAL WITH PREJUDICE

Plaintiff,
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v.
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HARLEY DELANO, an individual;
DENNIS DELANO, an individual;
JOSEPH NERI, an individual; 2040
FAIRFAX, INC., a California corporation;
and DOES 1 through 25,

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Defendants.
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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER OF DISMISSAL WITH
PREJUDICE

CASE NO. 2:14-CV-02215-TLN-DAD

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Pursuant to Federal Rule of Civil Procedure 41(a)(1), the undersigned parties, through
their counsel of record, hereby stipulate to the dismissal with prejudice of Plaintiff’s claims
asserted against Defendants Harley Delano, Dennis Delano, and 2040 Fairfax, Inc., with the
parties bearing their own attorneys’ fees and costs, and on condition that the Court retains
jurisdiction to enforce the terms of the Settlement Agreement executed by and between Plaintiff
and Defendants Harley Delano, Dennis Delano, and 2040 Fairfax, Inc.
IT IS SO STIPULATED.

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Dated: January 30, 2015

DRINKER BIDDLE & REATH LLP

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By: /s/ Michael J. Stortz
Michael J. Stortz
Matthew J. Adler

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Attorneys for Plaintiff
C&S WHOLESALE GROCERS, INC., on
behalf of Estate of Delano Retail Partners,
LLC

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Dated: January 29, 2015

KORNFIELD, NYBERG, BENDES & KUHNER,
P.C.

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By: /s/
Eric A. Nyberg

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Attorneys for Defendants
HARLEY DELANO, DENNIS DELANO,
and 2040 FAIRFAX, INC.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER OF DISMISSAL WITH
PREJUDICE

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CASE NO. 2:14-CV-02215-TLN-DAD

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Dated: January 30, 2015

HANSEN, KOHLS, SOMMER & JACOB, LLP

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By: /s/
Daniel V. Kohls
Bret N. Batchman

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Attorneys for Defendant
JOSEPH NERI

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ORDER OF DISMISSAL WITH PREJUDICE

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Pursuant to the foregoing Stipulation of the parties, and for good cause appearing, IT IS
HEREBY ORDERED THAT:
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Plaintiff’s claims asserted against Defendants Harley Delano, Dennis Delano, and

2040 Fairfax, Inc. ONLY are DISMISSED WITH PREJUDICE; and
2.

The Court shall retain jurisdiction to enforce the terms of this Order and the terms

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of the Settlement Agreement executed by and between Plaintiff and Defendants Harley Delano,

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Dennis Delano, and 2040 Fairfax, Inc.

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Dated: February 2, 2015
Troy L. Nunley
United States District Judge

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER OF DISMISSAL WITH
PREJUDICE

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CASE NO. 2:14-CV-02215-TLN-DAD