JaM Cellars, Inc. v. O'Neill Beverages Co. LLC

Filing 30

ORDER granting 29 Stipulated Dismissal with Prejudice. Any hearings scheduled in this matter are VACATED, but if any party certifies to this Court prior to July 1, 2018, that settlement has not in fact occurred, this order shall be vacated and this cause shall be restored to the calendar for further proceedings. Signed by Judge William H. Orrick on 01/17/2018. (jmdS, COURT STAFF) (Filed on 1/17/2018)

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SCOTT GERIEN (State Bar No. 184728)
[e-mail]
JOY L. DURAND (State Bar No. 245413)
[e-mail]
DICKENSON, PEATMAN & FOGARTY
1455 First Street, Suite 301
Napa, California 94559
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JAM CELLARS, INC.

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ROBERT C. HOLTZAPPLE (State Bar No. 145954)
[e-mail]
KELLY M. MATAYOSHI (State Bar No. 284596)
[e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
O’NEILL BEVERAGES CO. LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JaM Cellars, Inc.,

CASE NO. 3:17-cv-00690-WHO

Plaintiff,

STIPULATED DISMISSAL WITH
PREJUDICE; ORDER

vs.
O’Neill Beverages Co. LLC,
Defendant.

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The parties in this action have entered into a settlement agreement resolving the

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dispute. As part of the settlement agreement Defendant is required to change its product

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packaging to feature a new label for use with the trademark at issue in this dispute. The parties
STIPULATED DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER

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3:17-cv-00690-WHO

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have agreed that the new label is an acceptable mechanism to address Plaintiff’s concerns

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related to the trademark infringement claims asserted in this matter.

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Defendant can utilize this new label, the new label must be approved by state and federal

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agencies that regulate the alcohol beverage industry.

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Accordingly, the parties stipulate that this matter be DISMISSED WITH PREJUDICE and
any hearings scheduled in this matter be VACATED, but if any party certifies to this Court, with
proper notice to opposing counsel prior to July 1, 2018, that settlement has not in fact occurred, this
order shall be vacated and this cause shall be restored to the calendar for further proceedings.

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Respectfully Submitted,
Dated: January 15, 2018

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Attorneys for Plaintiff,
JAM CELLARS, INC.

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DICKENSON, PEATMAN & FOGARTY
/s/ J. Scott Gerien
J. Scott Gerien

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However, before

Dated: January 15, 2018

FARELLA BRAUN + MARTEL LLP
/s/ Robert C. Holtzapple
Robert C. Holtzapple

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Attorneys for Defendant,
O’NEILL BEVERAGES CO. LLC

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STIPULATED DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER

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3:17-cv-00690-WHO

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ORDER

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IT IS SO ORDERED.

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DATED: January 17, 2018

__________________________________________

HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATED DISMISSAL WITH PREJUDICE;
[PROPOSED] ORDER

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3:17-cv-00690-WHO