DG Berry, Inc v. Driscoll Strawberry Associates, Inc

Filing 35

STIPULATION AND ORDER re 34 STIPULATION WITH PROPOSED ORDER REQUESTING DISMISSAL, WITH PREJUDICE filed by DG Berry, Inc. Signed by Judge Edward M. Chen on 10/11/13. (bpf, COURT STAFF) (Filed on 10/11/2013)

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Effie F. Anastassiou, Esq. (SBN 96279)
Stephen J. Beals, Esq. (SBN 226365)
ANASTASSIOU&ASSOCIATES
242 Capitol Street
Post Office Box 2210
Salinas, California 93902
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,
DG Berry, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
INC.,

a

California)

Plaintiff,

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STRAWBERR Y)
INC., a California)
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Defendant.
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CASE NO. 3:13-cv-OI236
STIPULATED REQUEST FOR DISMISSAL,
WITH PREJUDICE
FED. R. CIV. P. 41(a)(2)

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IT IS HEREBY STIPULATED AND AGREED, pursuant to Federal Rules of Civil Procedure,

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Rule 41(a)(2), by and between each and every party to this stipulation, by and through the signatures of

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their respective counsel on this stipulation, that the parties to this stipulation wish to formally

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acknowledge and obtain a court order dismissing the entire instant action, as follows:

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1.

IT IS HEREBY STIPULATED, by and among PlaintiffDG BERRY, INC. ("Plaintiff')

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and Defendant DRISCOLL STRAWBERRY ASSOCIATES, INC. ("Defendant") that they are

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requesting that a Court order be entered dismissing, with prejudice, the entire instant action, pursuant to

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a settlement reached by Plaintiff and Defendant as a result of a successful mediation session.

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2.

The undersigned represent and warrant that they have all requisite authority to bind the

respective parties to the terms of the stipulation.

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DG Berry, Inc. v. Driscoll Strawberry Associates. Inc.
Case No.3: 13-cv-O 1236

Stipulated Request for Dismissal

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3.

This stipulation may be executed in any number of counterparts with the same effect as

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if all signatories had signed the same documents. All counterparts must be construed together to

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constitute one instrument.

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4.

Each party shall bear that party's own costs and attorneys' fees in connection with this

ANASTASSIOU & ASSOCIATES
By:

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A
ys for Plaintiff
DG Berry, Inc.
L+G,LLP
By: ~__~~~~~________

James W. Sullivan, Esq.
Attorneys for Defendant
Driscoll Strawberry Associates, Inc.

ORDER
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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the entire instant action is
hereby dismissed, with prejudice.
SO ORDERED.
Dated: _ _ _ _ _ _ __
U.S. DISTRICT COURT JUDGE

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F:IDGBlDriscoll\PleadingslDismissailStipulated Dismissai.wpd

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DG Berry, Inc. v. Driscoll Strawberry Associates, Inc.
Case No. 3:13-cv-01236

Stipulated Request for Dismissal

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3.
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This stipulation may be executed in any number of counterparts with the same effect as

if all signatories had signed the same documents. All counterparts must be construed together to

3 constitute one instrument.
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4_

Each party sball bear that party's own costs and attoroeys' fees in connection with this

ANASTASSIOU & ASSOCIATES

By:

nE:liiftj'::e"TF'.Anastas~==S1:;:·
o=u,""1Es=q-.- - Attorneys for Plaintiff
DG Berry, Inc.

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Attorneys for Defendant
Driscoll Strawberry Associates, Inc.

ORDER

UNIT
ED

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S DISTRICT
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M. Chen

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RT

Judge Edward

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GRANTED

NO

F:IDGBlDriscolllPleadingslDismisaallStipulated Dismis.a1.wpd

TED

GRAN
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D IS T IC T O
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dwar
Judge E

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DG Berry. Inc. v. Driscoll Strawberry A.ssociates. Inc.
Case No. 3:13-ev-01236

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H

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RT

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en

d M. Ch

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U.S. DISTRICT COURT JUDGE

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FO

10/11/13

Dated:_ _ _ _ _ __

S DISTRICT
TE
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TA

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U
O

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SO ORDERED.

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hereby dismissed, with prejudice.

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the entire instant action is

UNIT
ED

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N

F
D IS T IC T O
R

C

Stipulated Request for Dismissal

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