South Pacific Orchids, Inc. v. Round-The-World Logistics (U.S.A.) Corp. et al

Filing 69

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/14/12. (lrc, COURT STAFF) (Filed on 3/14/2012)

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JOSHUA E. KIRSCH (179110)
GIBSON ROBB & LINDH, LLP
201 Mission Street, Suite 2700
San Francisco, California 94105
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff
VALLEY ORCHIDS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND

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)
)
)
)
Plaintiff,
)
v.
)
)
ROUND-THE-WORLD LOGISTICS
)
(U.S.A.) CORP., a corporation;
)
EVERGREEN SHIPPING AGENCY
)
(AMERICA) CORPORATION, a
)
corporation; EVERGREEN
)
INTERNATIONAL CORP., a corporation; )
EVERGREEN INTERNATIONAL INC., a )
corporation; EVERGREEN LINE, an entity )
of unknown form; BENZ
)
TRANSPORTATION INC., a corporation; )
and DOES ONE through FIFTEEN,
)
)
Defendants.
)
____________________________________)
SOUTH PACIFIC ORCHIDS, INC., a
corporation;

Case No. 3:10-CV-03278-SBA
STIPULATION OF DISMISSAL AND
ORDER THEREON
[FRCP 41(a)(2)

Pursuant to Federal Rule of Civil Procedure 41(a)(2), the parties hereby stipulate and
request the following:

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Pursuant to settlement, this action is hereby dismissed with prejudice, provided however

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that if, within 120 days of the entry of this order, plaintiff files notice, supported by declaration,

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that the consideration in the settlement agreement has not been paid by BENZ

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TRANSPORTATION INC., the dismissal as to BENZ TRANSPORTATION INC. only shall be

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vacated and the action shall be restored to the active docket.
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. 3:10-CV-03278-SBA; OUR FILE NO. 5474.77

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Respectfully submitted,
Dated: March 13, 2012

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GIBSON ROBB & LINDH LLP
/s/ JOSHUA E. KIRSCH
Joshua E. Kirsch
Attorney for Plaintiff
SOUTH PACIFIC ORCHIDS, INC.

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Dated: March 13, 2012

LAW OFFICES OF GARY A. ANGEL

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/s/ GARY A. ANGEL
Gary A. Angel , Esq.
Attorney for Third Party Defendant
PORTS AMERICA, INC.

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Dated: March 13, 2012

/s/ ALAN NAKAZAWA
Alan Nakazawa, Esq.
Attorney for Defendants, Cross-Claimants and
Third Party Plaintiffs
EVERGREEN SHIPPING AGENCY (AMERICA)
CORPORATION, EVERGREEN
INTERNATIONAL CORP. AND EVERGREEN
MARINE (UK) LIMITED, SUED HEREIN AND
DOING BUSINESS AS "EVERGREEN LINE"

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COGSWELL NAKAZAWA & CHANG, LLP

Dated: March 13, 2012

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LAW OFFICES OF JOHN M. DALEY
/s/ JOHN M. DALEY
John M. Daley, Esq.
Attorney for Defendant and Cross-Defendant
BENZ TRANSPORTATION INC.

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Dated: March 13, 2012

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/s/ CAMERON ROBERTS
Cameron Roberts, Esq.
Attorney for Defendant
ROUND-THE-WORLD LOGISTICS (U.S.A.)
CORP.

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ROBERTS & KEHAGIARAS LLP

Joshua E. Kirsch attests that concurrence in the filing of this document has been obtained
from each of the other signatories identified herein.

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IT IS SO ORDERED.

Dated: 3/14/12

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_________________________________
UNITED STATES DISTRICT JUDGE
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. 3:10-CV-03278-SBA; OUR FILE NO. 5474.77

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