Greger Leasing Corp. et al v. Barge PT. Potrero, et al

Filing 127

STIPULATION AND ORDER DISMISSING DEFENDANT BARGE PT. POTRERO, WITH PREJUDICE. Signed by Judge Samuel Conti on 9/3/08. (sclc1, COURT STAFF) (Filed on 9/3/2008)

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STANLEY L. GIBSON (047882) JENNIFER T. SANCHEZ (191548) GIBSON ROBB & LINDH LLP 100 First Street, 27th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for RIVERVIEW EQUIPMENT COMPANY, LLC and JERICO PRODUCTS, INC., As claimants to Barge PT. POTRERO

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GREGER LEASING CORP, a Nevada corporation,

) ) ) ) Plaintiff, ) ) ) v. ) ) ) Barge PT. POTRERO, official number ) 523213, in rem; TED BUHL and JANE ) DOE BUHL, individually, and the marital ) community composed thereof; BUHL ) DIVING & SALVAGE, a sole ) proprietorship, in personam, ) ) ) Defendants. ) ) ____________________________________) ) AND ALL RELATED CROSS-ACTIONS ) ____________________________________)

Case No. C 05-5117 SC JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT BARGE PT. POTRERO, WITH PREJUDICE

The Plaintiff Greger Leasing Corp. and Claimants for the defendant barge PT. POTRERO, Riverview Equipment Company, LLC and Jerico Products, Inc., through their counsel of record in this action, hereby stipulate and jointly move for entry of an order of dismissal of Plaintiff's claims against the defendant barge PT. POTRERO, with prejudice, without interest, and with the parties hereto bearing their own costs and fees, and that Claimants
JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT BARGE PT. POTRERO, WITH PREJUDICE CASE NO. C 05-5117 SC, OUR FILE NO. 4600.03

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be relieved of their duty to post security for the barge, and that such bond tendered by Claimants shall be vacated and terminated. This stipulation of Plaintiff and Claimants to dismiss the defendant barge PT. POTRERO is not intended to affect any claims or defenses between Plaitniff and defendants Ted Buhl and Jane Doe Buhl, individually, and the marital community composed thereof; or Buhl Diving & Salvage.

Respectfully submitted, Dated: July 30, 2008 JEDEIKIN, SPAULDING, MEADOWS & SCHNEIDER /S/ JOHN F. MEADOWS John F. Meadows Attorneys for Plaintiff GREGER LEASING CORP

/S/ JENNIFER TOMLIN SANCHEZ Jennifer Tomlin Sanchez Attorney for Claimants RIVERVIEW EQUIPMENT COMPANY, LLC and JERICO PRODUCTS, INC., As Claimants to Barge PT. POTRERO

Jennifer Tomlin Sanchez attests that concurrence in the filing of this document has been obtained from John F. Meadows.

ORDER WHEREFORE, the Court having been advised that Plaintiff Greger Leasing Corp. and Claimants for the defendant barge PT. POTRERO, Riverview Equipment Company, LLC and Jerico Products, Inc., have stipulated and jointly moved for an order dismissing Plaintiff's claims against the defendant barge PT. POTRERO, it is hereby ORDERED that pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the claims of Plaintiff Greger Leasing Corp. against defendant barge PT. POTRERO, together with all claims that could have been asserted by the Plaitniff against the defendant barge PT.
JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT BARGE PT. POTRERO, WITH PREJUDICE CASE NO. C 05-5117 SC, OUR FILE NO. 4600.03

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POTRERO with respect to the matters set forth in the complaint in this action, are hereby dismissed with prejudice; and it is further ORDERED that each party hereto shall bear its own costs and fees; and it is further ORDERED that no interest shall accrue; and it is further ORDERED that the Claimants are relieved of their duty to post security and the bond tendered by Claimants for release of the barge from this Court's custody is vacated and terminated.

IT IS SO ORDERED.

9/3/08 Dated: ____________________ Honorable Judge Samuel Conti United States District Court Judge

JOINT STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT BARGE PT. POTRERO, WITH PREJUDICE CASE NO. C 05-5117 SC, OUR FILE NO. 4600.03

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