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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 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) lperry@perryip.com Attorneys for Plaintiff TRANSFRESH CORPORATION Keith G. Bremer (State Bar No. 155920) kbremer@bremerandwhyte.com 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: (949) 221-1000 Facsimile: (949) 221-1001 Attorneys for Defendants, GANZERLA & ASSOCIATES, INC. dba PEAKFRESH USA 15 UNITED STATES DISTRICT COURT 16 FOR THE NORTHERN DISTRICT OF CALIFORNIA 17 18 TRANSFRESH CORPORATION, a Delaware corporation, 21 22 23 C 11-06348 JCS Plaintiff, 19 20 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. 24 FRESH EXPRESS INCORPORATED, Plaintiff, having filed its Complaint in this action, and 25 GANZERLA & ASSOCIATES, INC., a California corporation, also doing business as PEAKFRESH 26 USA, Defendant, having filed its Answer and Counterclaim, and Plaintiff having responded to the 27 Counterclaim, and the parties having settled their differences and having consented to the entry of this 28 Stipulation of Dismissal on Consent; NOW, THEREFORE, before any testimony has been taken and without any trial or 1 2 adjudication of any issue of fact or law, and without any admission by any party hereto with respect to 3 any legal or factual matter at issue; 4 IT IS HEREBY STIPULATED between the parties as follows: 5 1. Through their attorneys, the parties have consented to the entry of this Stipulation of 6 Dismissal of Complaint and Counterclaim on Consent; and 2. Through their attorneys, the parties stipulate that the claims made in this Complaint and 7 8 Counterclaim shall be dismissed with prejudice. 9 10 11 Dated: November 16, 2012 Respectfully submitted, 12 PERRY IP GROUP A.L.C 13 14 /S/ E. Lynn Perry 15 Attorneys for Plaintiff TRANSFRESH CORPORATION 16 17 Dated: 18 19 November 16, 2012 BREMER WHYTE BROWN & O'MEARA LLP /S/ Michael Shen 20 Attorneys for Defendants 21 GANZERLA & ASSOCIATES, INC. dba PEAKFRESH USA 22 23 24 25 26 27 28 STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM ON CONSENT -2- 1 2 3 4 DRAFT ORDER Upon the Complaint and Counterclaim, and all papers and proceedings heretofore had herein, 5 and upon the preceding Consent and Stipulation, there having been no adjudication upon the merits, 6 and the parties shall each bear their respective fees and costs. 17 ER H 16 RT 15 . Spero seph C Judge Jo NO 14 Joseph C. Spero United States Magistrate Judge R NIA 13 UNIT ED 12 Date: _______________ 11/19/12 RT U O 11 S DISTRICT TE C TA ______________________________________ FO 10 LI 9 ORDERED that the Complaint and Counterclaim in this action be dismissed with prejudice, A 8 it is hereby S 7 N F D IS T IC T O R C 18 19 20 21 22 23 24 25 26 27 28 STIPULATION OF DISMISSAL OF COMPLAINT AND COUNTERCLAIM ON CONSENT -3-

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