Pestmaster Franchise Network, Inc. v. Mata et al

Filing 64

STIPULATION AND ORDER OF DISMISSAL re 62 Stipulation filed by Pestmaster Franchise Network, Inc. Signed by Judge Edward M. Chen on 12/6/17. (bpf, COURT STAFF) (Filed on 12/6/2017)

1 Jeffrey L. Fillerup (SBN 120543)
RINCON LAW LLP
2 90 New Montgomery St., Suite 1400
San Francisco, CA 94105
3 Tel. [phone]
Fax [phone]
4 E-mail: [e-mail]
5 Attorneys for Plaintiff and
Counter-Defendant
6 PESTMASTER FRANCHISE
NETWORK, INC.
7
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11 PESTMASTER FRANCHISE
NETWORK, INC., a California
12 corporation,
Plaintiff and Counter13
Defendant,
14

Case No. 16-cv-07268-EMC
STIPULATION TO DISMISS WITH
PREJUDICE AND [PROPOSED]
ORDER DISMISSING ALL CLAIMS
WITH PREJUDICE

v.

15 JINNY LYNN MATA, GABE
JOSEPH MATA, ECOSOURCE
16 PEST CONTROL, INC., JOSIE
MOSS, BRIAN MOSS, MOSS
17 PEST CONTROL, LLC,
18

Defendants,

19 AND RELATED
COUNTERCLAIM.
20
21

Plaintiff/Counter-Defendant Pestmaster Franchise Network, Inc., by and

22 through its attorneys of record, Jeffrey L. Fillerup of Rincon Law, LLP, on the one
23 hand, and Defendants Jinny Mata, Gabe Mata, Ecosource Pest Control, Inc., Josie
24 Moss, Brian Moss, AAAC Support Services, LLC, and Moss Pest Control, LLC and
1
STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER

1 Counterclaimants Jinny Mata and Gabe Mata, by and through their attorneys of
2 record, Andrew R. Kislik of Nassiri & Jung LLP, on the other hand, hereby stipulate
3 to the dismissal of the Complaint and Counterclaim in this case, as follows:
4

1.

On January 24, 2017, Plaintiff Pestmaster Franchise Network, Inc.

5 (“Pestmaster”) filed a First Amended Complaint in this case (Doc #11), which is
6 referred to herein as “the Complaint”.
7

2.

On May 25, 2017, Counterclaimants Jinny Mata and Gabe Mata filed a

8 counterclaim against Pestmaster (Doc #41), which is referred to herein as “the
9 Counterclaim”.
10

3.

The parties participated in a mediation at ADR Services on July 24, 2017,

11 and reached a tentative settlement of the case.
12

4.

After the parties filed a stipulation to stay the case pending finalization

13 of the settlement, this Court entered an order staying the case. (Doc #61)
14

5.

The parties hereby stipulate that the settlement has now been finalized

15 and all of the claims alleged in the case should be dismissed with prejudice, with each
16 party to bear its own costs and attorney’s fees. Thus, the parties hereby stipulate to
17 the entry of an order: (a) dismissing all of the claims alleged in the Complaint with
18 prejudice; and (b) dismissing all of the claims alleged in the Counterclaim with
19 prejudice.
20

6.

The parties also stipulate that once the claims alleged in the Complaint

21 and in the Counterclaim are dismissed with prejudice, then all of the claims in this
22 case will have been dismissed and there will be no remaining claims in this case to be
23 adjudicated.
24 / / /
2
STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER

1 DATED: November 20, 2017

RINCON LAW LLP

2

By:

3
4
5

/s/Jeffrey L. Fillerup
Jeffrey L. Fillerup
Attorneys for Plaintiff and CounterclaimDefendant Pestmaster Franchise Network,
Inc.

6
7 DATED: November 20, 2017
8

By:

9
10
11
12
13
14
15

NASSIRI & JUNG LLP
/s/Andrew R. Kislik
Andrew R. Kislik
Attorneys for Defendants Jinny Mata, Gabe
Mata, Ecosource Pest Control, Inc., Josie
Moss, Brian Moss, AAAC Support Services,
LLC, and Moss Pest Control, LLC, and
Counterclaimants Jinny Mata and Gabe
Mata

ORDER DISMISSING ALL CLAIMS WITH PREJUDICE
Based on the parties’ settlement and the foregoing stipulation, and for good

16 cause appearing, IT IS HEREBY ORDERED, as follows:
17

1. The claims alleged in the Complaint are dismissed with prejudice;

18

2. The claims alleged in the Counterclaim are dismissed with prejudice;

19

TC
3. There are no other or remaining claims to be TE
A adjudicated in this case; and

20

4. Each party shall bear its own costs and attorney’s fees.

21

O OR
IT IS S

UNIT
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24

Chen

ward
HON. EDWARDJM. eCHEN M.
udg Ed
UNITED STATES DISTRICT JUDGE

NO

23

12/6/17

DERED

R NIA

22 DATED:

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3
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STIPULATION TO DISMISS WITH PREJUDICE AND [PROPOSED] ORDER