Transfresh Corporation v. Ganzerla & Associates, Inc. et al

Filing 51

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge Joseph C. Spero on 11/19/12. (klh, COURT STAFF) (Filed on 11/19/2012)

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E. Lynn Perry (CA Bar 115165)
PERRY IP GROUP A LAW CORPORATION
900 Larkspur Landing Circle Ste 226
Larkspur, CA 94939
415-524-8683 (tel.)
415-524-8685 (fax)
[e-mail]
Attorneys for Plaintiff
TRANSFRESH CORPORATION
Keith G. Bremer (State Bar No. 155920)
[e-mail]
Jeremy Johnson (State Bar No. 214989)
jjohnson@,bremerandwhyte.com
Michael Shen (State Bar No. 228361)
mshen@,bremerandwhyte.com
BREMER WHYTE BROWN & O'MEARA LLP
20320 S.W. Birch Street
Second Floor
Newport Beach, California 92660
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants,
GANZERLA & ASSOCIATES, INC. dba
PEAKFRESH USA

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TRANSFRESH CORPORATION, a Delaware
corporation,

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C 11-06348 JCS

Plaintiff,

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Case No.

STIPULATION OF DISMISSAL OF
COMPLAINT AND COUNTERCLAIM
ON CONSENT

v.
GANZERLA & ASSOCIATES, INC., a
California corporation, also doing business as
PEAKFRESH USA,
Defendant.

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FRESH EXPRESS INCORPORATED, Plaintiff, having filed its Complaint in this action, and

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GANZERLA & ASSOCIATES, INC., a California corporation, also doing business as PEAKFRESH

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USA, Defendant, having filed its Answer and Counterclaim, and Plaintiff having responded to the

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Counterclaim, and the parties having settled their differences and having consented to the entry of this

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Stipulation of Dismissal on Consent;

NOW, THEREFORE, before any testimony has been taken and without any trial or

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adjudication of any issue of fact or law, and without any admission by any party hereto with respect to

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any legal or factual matter at issue;

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IT IS HEREBY STIPULATED between the parties as follows:

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1. Through their attorneys, the parties have consented to the entry of this Stipulation of

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Dismissal of Complaint and Counterclaim on Consent; and
2. Through their attorneys, the parties stipulate that the claims made in this Complaint and

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Counterclaim shall be dismissed with prejudice.

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Dated:

November 16, 2012

Respectfully submitted,

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PERRY IP GROUP A.L.C
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/S/
E. Lynn Perry

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Attorneys for Plaintiff

TRANSFRESH CORPORATION

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Dated:
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November 16, 2012

BREMER WHYTE BROWN &
O'MEARA LLP
/S/
Michael Shen

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Attorneys for Defendants
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GANZERLA & ASSOCIATES, INC. dba
PEAKFRESH USA

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STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM ON CONSENT

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DRAFT ORDER
Upon the Complaint and Counterclaim, and all papers and proceedings heretofore had herein,

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and upon the preceding Consent and Stipulation, there having been no adjudication upon the merits,
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and the parties shall each bear their respective fees and costs.

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ER

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RT

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. Spero

seph C
Judge Jo

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Joseph C. Spero
United States Magistrate Judge

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UNIT
ED

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Date: _______________
11/19/12

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S DISTRICT
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______________________________________

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ORDERED that the Complaint and Counterclaim in this action be dismissed with prejudice,

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it is hereby

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N

F
D IS T IC T O
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STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM ON CONSENT

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