Sonoma Tires, Inc. v. Big O Tires, LLC

Filing 110

STIPULATION AND ORDER RE 109 OF DISMISSAL WITH PREJUDICE. Signed by Judge Richard Seeborg on 3/17/15. (cl, COURT STAFF) (Filed on 3/17/2015)

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LAGARIAS LAW OFFICES
Peter C. Lagarias (SBN 77091)
1629 Fifth Avenue
San Rafael, California 94901-1828
Telephone: [phone]
Facsimile: [phone]

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Attorneys for SONOMA TIRES, INC. and
JOHN G. RHIEL, IV

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SEYFARTH SHAW LLP
Michael J. Burns (SBN 172614)
[e-mail]
Michael T. McKeeman (SBN 173662)
[e-mail]
Joseph J. Orzano (SBN 262040)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for BIG O TIRES, LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SONOMA TIRES, INC., a California
Corporation,

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Plaintiff,
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v.
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BIG O TIRES, LLC, a Colorado Limited
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Liability Company,
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Defendant.
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BIG O TIRES, LLC, a Nevada Limited Liability)
Company,
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Counter-claimant,
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v.
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SONOMA TIRES, INC, a California
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Corporation, and JOHN G. RHIEL, IV, an
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individual,
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Counter-Defendants.
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Case No. C 11-0818 RS
STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL WITH
PREJUDICE

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Stipulation and [Proposed] Order of Dismissal with Prejudice / Case No. C11-00818 RS

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The parties hereto, Plaintiff and Counter-Defendant SONOMA TIRES, INC.

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(“Sonoma”), counter-defendant John G. Rhiel, IV (“Rhiel”), and Defendant and Counter-

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Claimant BIG O TIRES, LLC (“Big O”), have reached a resolution of their dispute and have

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agreed that the above-captioned action shall be dismissed in its entirety with prejudice.

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IT IS HEREBY STIPULATED that the above-captioned action be and hereby is
dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1).

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IT IS FURTHER STIPULATED that the parties shall bear their own attorneys’ fees and

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costs.

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DATED: March 17, 2015

SEYFARTH SHAW LLP

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By: /s/ Joseph J. Orzano _______
Joseph J. Orzano
Attorneys for
BIG O TIRES, LLC

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DATED: March 17, 2015

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By /s/ Peter C. Lagarias________
Peter C. Lagarias
Attorneys for
SONOMA TIRES, INC. and JOHN G. RHIEL,
IV

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LAGARIAS LAW OFFICES

ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Joseph J. Orzano, attest that concurrence in the filing of this document has been

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obtained from the other signatories.
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I declare under penalty of perjury that the foregoing is true and correct. Executed on

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March 17, 2015 at San Francisco, California.

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Dated: March 17, 2015

SEYFARTH SHAW LLP

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By: /s/ Joseph J. Orzano____
Joseph J. Orzano
Attorneys for
BIG O TIRES, LLC

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Stipulation and [Proposed] Order of Dismissal with Prejudice / Case No. C11-00818 RS

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[PROPOSED] ORDER
Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that the above-

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captioned action be and hereby is dismissed with prejudiced pursuant to Fed. R. Civ. P. 41(a)(1).

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The parties shall bear their own attorneys’ fees and costs.

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IT IS SO ORDERED.
DATED: 3/17/2015
THE HONORABLE RICHARD SEEBORG
United States District Judge

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18504055v.1

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Stipulation and [Proposed] Order of Dismissal with Prejudice / Case No. C11-00818 RS