Charcoal Companion Incorporated v. Bed Bath & Beyond Inc. et al

Filing 39

STIPULATION AND ORDER re 38 OF DISMISSAL (AMENDED) filed by Charcoal Companion Incorporated. Signed by Judge Edward M. Chen on 11/26/12. (bpf, COURT STAFF) (Filed on 11/26/2012)

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1 2 3 4 5 6 BEESON SKINNER BEVERLY, LLP Donald L. Beeson, State Bar No. 56532 Brian Beverly, State Bar No. 103089 One Kaiser Plaza, Suite 750 Oakland, CA 94612 Tel.: (510) 832-8700 Fax: (510) 836-2595 Attorneys for Plaintiff Charcoal Companion Incorporated 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 CHARCOAL COMPANION INCORPORATED, ) a California corporation, ) ) Plaintiff, ) ) vs. ) ) BED, BATH & BEYOND, INC. AND MR. BAR- ) B-Q-, INC. ) ) Defendants ) ________________________________________ ) Case No. C 12-02961 EMC AMENDED STIPULATION OF DISMISSAL AND [Proposed] ORDER 16 17 18 Charcoal Companion, Incorporated and Mr. Bar-B-Q-, Inc. have entered into a settlement agreement resolving all matters relating to this Action. 19 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between all 20 21 Parties, through their respective counsel that, pursuant to Rule 41(a)(1)(A)(ii) of the Rules of 22 Civil Procedure, this Court enter a dismissal of this Action, Case No. C 12-02961 EMC, in its 23 entirety and with prejudice, with the Parties to bear their own fees and costs. 24 IT IS FURTHER STIPULATED that this Court shall retain jurisdiction over all disputes 25 between Charcoal Companion, Incorporated and Mr. Bar-B-Q-, Inc. arising out of the settlement 26 27 agreement between them including, but not limited to, the interpretation and enforcement of the 28 __________________ STIPULATION OF DISMISSAL AND [Proposed] ORDER (AMENDED) C 12-02961 EMC 1 terms of the settlement agreement and/or entry of judgement should the need arise. 2 3 Dated: November 20, 2012 BEESON SKINNER BEVERLY, LLP 4 5 By /S/ Donald L. Beeson Donald L. Beeson 6 Attorneys for Plaintiff Charcoal Companion, Incorporated 7 8 9 Dated: November 20, 2012 FISH & RICHARDSON, P.C. 10 By /S/ John Goetz John Goetz 11 Attorneys for Defendants Bed, Bath & Beyond, Inc. And Mr. Bar-B-Q-, Inc. 12 13 14 24 CONCURRENCE ATTESTATION ER H 23 R NIA hen rd M. C RT 21 dwa Judge E FO 20 ERED LI 19 O ORD IT IS S A 18 22 RT U O Hon. Edward M. Chen United District Court Magistrate Judge NO 17 S DISTRICT TE C _________________________________ TA November 26, 2012 Dated: ___________________ S 16 IT IS SO ORDERED: UNIT ED 15 C N obtained the concurrence in the I, Donald L. Beeson, hereby attest that I have D OF IS T RIC T filing of this efiled document from all signatories indicated on the document. 25 26 27 28 2 __________________ STIPULATION OF DISMISSAL AND [Proposed] ORDER (AMENDED) C 12-02961 EMC

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