Valley Orchids, Inc. v. Leader Mutual Freight System, Inc. et al

Filing 61

STIPULATION AND ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/14/12. (lrc, COURT STAFF) (Filed on 3/16/2012)

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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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VALLEY ORCHIDS, INC., a corporation; )
)
)
Plaintiff,
)
)
v.
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LEADER MUTUAL FREIGHT SYSTEM )
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(SAN FRANCISCO), a corporation;
LEADER MUTUAL FREIGHT SYSTEM, )
)
INC., a corporation; EVERGREEN
)
SHIPPING AGENCY (AMERICA)
)
CORPORATION, a corporation;
EVERGREEN INTERNATIONAL CORP., )
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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.
____________________________________)

Case No. 3:10-cv-03287-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
STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. 3:10-cv-03287-SBA; OUR FILE NO. 5474.71

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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.

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Dated: March 13, 2012

GIBSON ROBB & LINDH LLP

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/s/ JOSHUA E. KIRSCH
Joshua E. Kirsch
Attorney for Plaintiff
VALLEY ORCHIDS, INC.

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Dated: March 13, 2012

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

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Dated: March 13, 2012

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/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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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

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STIPULATION OF DISMISSAL AND [PROPOSED] ORDER THEREON
CASE NO. 3:10-cv-03287-SBA; OUR FILE NO. 5474.71

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