Green Products Company v. Black Flag Brands, LLC. et al

Filing 68

STIPULATION and ORDER DISMISSING CASE and Counterclaim with Prejudice. Signed by Magistrate Judge Joseph C. Spero on 03/30/2011. (rbe, COURT STAFF) (Filed on 3/30/2011)

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Green Products Company v. Black Flag Brands, LLC. et al Doc. 68 1 2 3 4 5 6 7 8 OWEN, WICKERSHAM & ERICKSON, P.C. LAWRENCE G. TOWNSEND (SBN 88184) KATHLEEN E. LETOURNEAU (SBN 244747) 455 Market Street, Suite 1910 San Francisco, California 94105 Telephone: (415) 882-3200 Facsimile: (415) 882-3232 E-Mail: ltownsend@owe.com kel@owe.com Attorneys for Plaintiff and Counterclaim Defendant GREEN PRODUCTS COMPANY IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 IT IS HEREBY STIPULATED, by and between the parties to this action, pursuant to 21 their Confidential Settlement Agreement and Release, through their attorneys of record, that the 22 entire action herein against defendants and counterclaim plaintiffs Black Flag Brands, LLC and 23 The Homax Group, Inc., and defendant Lowe's HIW, Inc., respectively, and the counterclaim 24 filed by defendants and counterclaim plaintiffs against Green Products Company be dismissed 25 with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each party to 26 bear its own attorneys' fees and costs. 27 28 1 Stipulation And Order of Dismissal, etc.; Case No: CV 10 2121 JCS GREEN PRODUCTS COMPANY, a California corporation ) ) ) Plaintiff, ) ) vs. ) ) BLACK FLAG BRANDS, LLC, a Delaware ) limited liability company; THE HOMAX ) GROUP, INC., a Delaware corporation; and ) LOWE'S HIW, INC., a Delaware corporation, ) ) Defendants. ) _____________________________________ ) ) AND RELATED CROSS-CLAIMS ) _____________________________________ ) Case No. CV 10 2121 JCS STIPULATION AND ORDER OF DISMISSAL OF ACTION AND COUNTERCLAIM WITH PREJUDICE [FRCP Rule 41] Dockets.Justia.com 1 Dated: March 29, 2011 2 3 By: 4 5 6 Dated: March 29, 2011 7 8 9 Dated: March 29, 2011 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Stipulation And Order of Dismissal, etc.; Case No: CV 10 2121 JCS OWEN, WICKERSHAM & ERICKSON P.C. /s/ Lawrence G. Townsend Lawrence G. Townsend Attorneys for Plaintiff and Counterclaim Defendant GREEN PRODUCTS COMPANY BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP By: /s/ Mark E. Avsec Mark E. Avsec PHILIPS, ERLEWINE & GIVEN LLP By: /s/ Cari A. Cohorn Cari A. Cohorn Attorneys for Defendants/Counterclaim Plaintiffs BLACK FLAG BRANDS, LLC and THE HOMAX GROUP, INC. And Defendant LOWE'S HIW, INC. Pursuant to General Order No. 45, Section X.B., I hereby attest that I have obtained concurrence of the signatories, Mark E. Avsec and Cari A. Cohorn, indicated by a "conformed" signature (/s/) within this e-filed document. 1 ORDER 2 Pursuant to stipulation of the parties and Rule 41 of the Federal Rules of Civil Procedure, 3 IT IS HEREBY ORDERED that the entire action herein, including the complaint filed by Green 4 Products Company against defendants Black Flag Brands, LLC and The Homax Group, Inc., and 5 defendant Lowe's HIW, Inc., respectively, and the counterclaim filed by counterclaim plaintiffs 6 against Green Products Company be, and hereby is, DISMISSED WITH PREJUDICE, each 7 party to bear its own attorneys' fees and costs. 8 9 10 11 12 13 14 S:\1Clients\GREEN\70001\StipulatedDismissal.wpd Dated: March ___, 2011 30 ________________________________________ JUDGE OF THE DISTRICT COURT UNIT ED S S DISTRICT TE C TA 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ER N F D IS T IC T O R 3 Stipulation And Order of Dismissal, etc.; Case No: CV 10 2121 JCS A C LI FO seph C Judge Jo . Spero R NIA RT U O NO RT H

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