Humboldt Wholesale Inc v. Humboldt Nation Distribution LLC et al
Filing
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STIPULATION AND ORDER re 81 to Dismiss with Prejudice filed by Humboldt Wholesale Inc. Signed by Judge Edward M. Chen on 12/11/12. (bpf, COURT STAFF) (Filed on 12/11/2012)
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UNITED STATES DISTRICT COURT FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
HUMBOLDT WHOLESALE INC, a California) Case No. CV 11-4144
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corporation,
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) ORDER OF DISMISSAL WITH
Plaintiff,
) PREJUDICE
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v.
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HUMBOLDT NATION DISTRIBUTION,)
LLC, a California limited liability company;)
HUMBOLDT NUTRIENTS, LLC, a California)
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limited liability company,
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Defendants.
HUMBOLDT NUTRIENTS, LLC, a California)
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limited liability company,
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Counterclaimant,
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v.
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HUMBOLDT
WHOLESALE,
INC.,
a)
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California corporation,
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Counter-defendant.
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______________________________________ )
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ORDER
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Pursuant to the Stipulation of the Parties, IT IS HEREBY ORDERED:
ORDER OF DISMISSAL WITH PREJUDICE
Case No. 11-CV-4144-EMC
115585/000002/1631554.03
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1.
The First Amended Complaint and the Second Amended Counterclaim are both
dismissed with prejudice, with each party bearing its own costs and attorneys’ fees;
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The Court shall retain jurisdiction to interpret and enforce the terms of the
Settlement Agreement;
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In the event of a default of the Settlement Agreement by either party the party
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harmed by the breach may file a Motion to Enforce the Settlement Agreement with this Judge
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and request a hearing and ruling on the default and damages due.
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S
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________________________________ RED
E
O ORD
Edward M. Chen
IT IS S
Judge of the U. S. District Court,
Northern District of California
en
d M. Ch
e Edwar
Judg
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12/11
Dated: ____________________, 2012
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PURSUANT TO STIPULATION, IT IS SO ORDERED
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-2ORDER OF DISMISSAL WITH PREJUDICE
Case No. 11-CV-4144-EMC
115585/000002/1631554.03
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CERTIFICATE OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party to
the within action. My business address is PROCOPIO, CORY, HARGREAVES & SAVITCH
LLP, 525 “B” Street, Suite 2200, San Diego, California 92101. On December 3, 2012, I served
the within documents:
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ORDER OF DISMISSAL WITH PREJUDICE
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I hereby certify that on December 3, 2012, I electronically mailed the foregoing to
EMCpo@cand.uscourts.gov and to all counsel of record.
(Federal) I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
Executed on December 3, 2012, at San Diego, California.
/S/ Lisel M. Ferguson
Lisel M. Ferguson
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-3-
ORDER OF DISMISSAL WITH PREJUDICE
Case No. 11-CV-4144-EMC
115585/000002/1631554.03
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