Neo v. Marina Brothers, Inc. et al

Filing 96

STIPULATION AND ORDER OF DISMISSAL OF DEFENDANT WELCOME MARKET, INC. Signed by Judge Alsup on July 20, 2009. (whalc1, COURT STAFF) (Filed on 7/21/2009)

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Richard C. J. Wahng (SBN 225672) Law Offices of Richard C. J. Wahng 152 Anza Street, Suite 201 Fremont, CA 94539 [phone] Telephone [phone] Fax Leon E. Jew (SBN 219298) 5776 Stoneridge Mall Rd., STE 288 Pleasanton, CA 94588 [phone] Telephone [phone] Fax Attorneys for plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AIK CHEONG NEO, an individual D/B/A PO Civil Action No. C09-00739 LO KU TRADING, and KAI CHANG HO, an individual STIPULATION OF DISMISSAL OF Plaintiffs DEFENDANT WELCOME MARKET, vs. INC., a California Corporation D/B/A 99 MARINA BROTHERS, INC., a California RANCH MARKET, WITH PREJUDICE, Corporation D/B/A MARINA FOOD #5; PURSUANT TO FED. R. CIV. P. 41(a)(1) WELCOME MARKET, INC., a California AND ORDER Corporation D/B/A 99 RANCH MARKET; T. L. LONGCHAMP CORPORATION, a California Corporation D/B/A LION FOOD CENTER; WING WA, INC., a California Corporation D/B/A WING WA SUPERMARKET; NGU HANH SON INC. a California Corporation D/B/A CHO SENTER MARKET; ROYAL CAPITAL GROUP, LLC. D/B/A NEW ASIA SUPERMARKET; LINCHANG Liu and YI-HUI LIU, individuals D/B/A EIGHT-WAY VEGE; HAWAII SUPERMARKET; MY THUAN, INC. , a California Corporation D/B/A MY THUAN SUPERMARKET; DONG PHUONG INC, a California Corporation D/B/A ABC SUPERMARKET; SAIGON CITY INVESTMENT, INC., a California Corporation, D/B/A SAIGON CITY MARKETPLACE; CHUNG WORLD CORPORATION, a California Corporation, D/B/A QUANG MINH SUPERMARKET; HOA BINH GARDEN GROVE SUPERMARKET, INC., a California Corporation; KAM LEE YUEN TRADING CO., INC., a California Corporation; SUNNY GOLD INC., a New York Corporation; PO LO KU TRADING, INC., a New York Corporation; and JOHN DOES 1-20; Defendants.
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Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading ("Neo"), and Kai Chang Ho, an individual ("Ho") and Defendant Welcome Market, Inc., a California Corporation D/B/A 99 Ranch Market ("Welcome Market") hereby stipulate and jointly request that the Court dismiss Neo's and Ho's claims against Welcome Market, and all counter-claims filed by Welcome Market against Neo and Ho, with prejudice. Neo, Ho, and Welcome Market jointly declare the following in support of this request: WHEREAS the above-captioned action (the "Action") was commenced on February 19, 2009, with service accomplished upon Welcome Market thereafter. WHEREAS Welcome Market filed a counter-claim in above-captioned action on May 11, 2009, with service accomplished thereafter. WHEREAS Neo, Ho, and Welcome Market have entered into a settlement agreement on July 14, 2009, resolving all of the claims and counter-claims in the Action. NOW THEREFORE, IT IS HEREBY STIPULATED and agreed by Neo, Ho, and Welcome Market, and through their counsel of record, that Neo's and Ho's claims against Welcome Market and Welcome Market's counter-claims against Neo and Ho, be dismissed with prejudice, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. IT IS FURTHER STIPULATED and agreed by Neo, Ho, and Welcome Market, and through their counsel of record, that Neo, Ho, and Welcome Market are to bear their own costs and attorneys' fees. IT IS SO STIPULATED. Dated: July 15, 2009 LAW OFFICES OF RICHARD C.J. WAHNG By: _________/s/________________________ Richard C. J. Wahng Attorney for Plaintiffs Aik Cheong Neo, and individual and d/b/a Po Lo Ku Trading, and Kai Chang Ho, an individual

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Dated: July14, 2009

LATHAM & WATKINS LLP

By:

/s/ Deborah A. Gubernick Attorneys for Defendant Welcome Market, Inc.

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ORDER Having considered Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading, and Kai Chang Ho, an individual, and Defendant Welcome Market, Inc., d/b/a 99 Ranch Market's Stipulation of Dismissal with Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1) ("Stipulation of Dismissal"), and for good cause appearing, it is hereby ORDERED that this Action, are dismissed with prejudice as to Defendant Welcome Market, Inc., d/b/a 99 Ranch Market. The counter-claims by Welcome Market, Inc., d/b/a 99 Ranch Market against Plaintiffs are also dismissed. IT IS FURTHER ORDERED that Plaintiffs Aik Cheong Neo, an individual D/B/A Po Lo Ku Trading, and Kai Chang Ho, an individual, and Defendant Welcome Market, Inc., d/b/a 99 Ranch Market bear their own attorneys' fees and costs.

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July 20, 2009 Dated: ________________________

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