Nork et al v. Designed Cookies, Inc.

Filing 85

ORDER of Dismissal Without Prejudice re 83 Stipulation filed by Baker's Bouquet, Deborah Nork, Deborah Nork and Deborah Nork terminated.. Signed by Judge Charles R. Breyer on 6/28/2010. (be, COURT STAFF) (Filed on 6/29/2010)

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ROBERT ZARCO, ESQ. (Fla. State Bar No. 502138) ALEJANDRO BRITO, ESQ. (Fla. State Bar No. 0098442) HIMANSHU M. PATEL, ESQ. (Fla. State Bar No. 0167233) ZARCO EINHORN SALKOWSKI & BRITO, P.A. (Admitted pro hac vice) 100 S.E. 2nd Street, Suite 2700 Miami, Florida 33131 Telephone: [phone] Facsimile: [phone] [e-mail] ANDREW SOMMER (State Bar No. 192844) EPSTEIN BECKER & GREEN, P.C. One California Street, 26th Floor San Francisco, California 94111-5427 Telephone: [phone] Facsimile: 415.398.0955 [e-mail] Attorneys for Plaintiffs DEBORAH NORK and BAKER'S BOUQUET UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DEBORAH NORK and BAKER'S BOUQUET, Plaintiffs, vs. DESIGNED COOKIES, INC., Defendant. No. CV 09-5336 CRB STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE BETWEEN PLAINTIFF DEBORAH NORK AND DEFENDANT The Honorable Charles R. Breyer

Pursuant to Federal Rule of Civil Procedure 41, Plaintiff, DEBORAH NORK ("Nork"), and Defendant, DESIGNED COOKIES, INC. ("DCI"), by and through their respective counsel, hereby agree to the dismissal without prejudice of their respective claims against each other as set forth in Plaintiffs' Complaint (D.E. #1) and DCI's Answer and Counterclaim (D.E. #81). Both parties agree to bear their own attorneys' fees and costs incurred in this matter. In
Case No. CV 09-5336 CRB -1Stipulation To Dismiss Without Prejudice Between Plaintiff Deborah Nork and Defendant

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addition, DCI agrees not to seek to recover from Plaintiff Baker's Bouquet the attorneys' fees or costs DCI incurred solely as a result of defending against Deborah Nork's claims.

Dated: June 23, 2010

ZARCO EINHORN SALKOWSKI & BRITO, P.A.

By: /s/ Himanshu M.Patel Himanshu M. Patel Attorneys for Plaintiffs Dated: June 23, 2010 LOVE & ASSOCIATES KRISTEN L. WILLIAMS, ESQ.

By: /s/ Kristen L. Williams Kristen L. Williams Attorneys for Defendant ATTESTATION CLAUSE I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories and from my clients.

By:________/s/ Himanshu M.Patel__________ Himanshu M. Patel

Case No. CV 09-5336 CRB

-2Stipulation To Dismiss Without Prejudice Between Plaintiff Deborah Nork and Defendant

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Case No. CV 09-5336 CRB

[PROPOSED] ORDER Pursuant to the parties' stipulation and Federal Rule of Civil Procedure 41, it is hereby ordered that Plaintiff Deborah Nork and Defendant Designed Cookies, Inc. hereby dismiss their respective claims against each other without prejudice as set forth in Plaintiffs' Complaint (D.E. #1) and DCI's Answer and Counterclaim (D.E. #81). Both parties agree to bear their own attorneys' fees and costs incurred in this matter. In addition, DCI shall not seek to recover from Plaintiff Baker's Bouquet the attorneys' fees or costs DCI incurred solely as a result of defending against Deborah Nork's claims. IT IS SO ORDERED.

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June 28, 2010 Dated: ______________

_______________________________________________ HONORABLE CHARLES R. BREYER ED UNITED STATES DISTRICT COURT JUDGE ORDER

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