C & S Wholesales Grocers, Inc. v Delano

Filing 23

ORDER signed by District Judge Troy L. Nunley on 7/23/2015 DISMISSING CASE 22 with prejudice, pursuant to FRCP 41(a)(1); each party to bear its own attorneys' fees and costs; the Court shall retain jurisdiction to enforce the terms of this order and the terms of the settlement agreement. CASE CLOSED (Reader, L)

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DANIEL V. KOHLS (SBN 167987)
BRET N. BATCHMAN (SBN 236311)
HANSEN, KOHLS, SOMMER & JACOB, LLP
1520 Eureka Road, Suite 100
Roseville, California 95661
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant JOSEPH NERI

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MICHAEL J. STORTZ (SBN 139386)
MATTHEW J. ADLER (SBN 273147)
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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C & S WHOLESALE GROCERS, INC.,
a Vermont corporation,

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Plaintiff,

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

vs.
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
ATTO RNEY S AT LAW
SAN FRA NCI S CO

STIPULATION OF DISMISSAL WITH
PREJUDICE AND ORDER

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

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IT IS HEREBY STIPULATED by and between Plaintiff C&S Wholesale Grocers, Inc.

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and Defendant Joseph Neri, through their designated counsel, that the above-captioned action be

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and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1), with each party to bear its own

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attorneys’ fees and costs.1 Additionally, the parties stipulate that the Court shall retain

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jurisdiction to enforce the terms of their Settlement Agreement

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IT IS SO STIPULATED.

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Dated: July 22, 2015
DRINKER, BIDDLE & REATH, LLP

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By:

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/s/ Michael J. Stortz
MICHAEL J. STORTZ
Attorneys for Plaintiff
C&S WHOLESALE GROCERS, INC., on
behalf of Estate of Delano Retail Partners,
LLC

Dated: July 22, 2015
HANSEN, KOHLS, SOMMER &
JACOB, LLP

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By:

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/s/ Bret N. Batchman Authorized on 7/22/15
BRET N. BATCHMAN
Attorneys for Defendant
JOSEPH NERI

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D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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On February 2, 2015, the Court entered an Order of Dismissal with Prejudice of Plaintiff’s
Claims against Defendants Harley Delano, Dennis Delano and 2040 Fairfax, Inc. pursuant to the
parties’ stipulation.
STIPULATION OF DISMISSAL WITH
PREJUDICE AND ORDER

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

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ORDER OF DISMISSAL WITH PREJUDICE
Pursuant to the foregoing Stipulation of the parties, and for good cause appearing, IT IS
HEREBY ORDERED THAT:
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The case is DISMISSED WITH PREJUDICE, each party to bear its own

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attorneys’ fees and costs.

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2.
The Court shall retain jurisdiction to enforce the terms of this Order and the terms
of the Settlement Agreement executed by and between Plaintiff C&S Wholesale Grocers, Inc. and

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Defendant Joseph Neri.

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Dated: July 23, 2015

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Troy L. Nunley
United States District Judge

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D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

STIPULATION OF DISMISSAL WITH
PREJUDICE AND ORDER

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