Golf City Products et al v. Aftershock et al
Filing
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ORDER Granting 20 Stipulation for with Prejudice Dismissal of Action as to Aftershock, Jennifer White, and Rex White. Signed by Judge Claudia Wilken on 9/29/2011. (ndr, COURT STAFF) (Filed on 9/29/2011)
1 STUART C. CLARK (SBN 124152)
clark@carrferrell.com
2 CARR & FERRELL LLP
3 120 Constitution Drive
Menlo Park, California 94025
4 Telephone: (650) 812-3400
Facsimile: (650) 812-3444
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RONALD L. ROHDE (SBN 196308)
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calpatent@yahoo.com
7 LAW OFFICES OF RONALD L. ROHDE
2625 Middlefield Road, # 189
8 Palo Alto, California 94063
Telephone: (510) 290-5210
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10 Attorneys for plaintiffs GOLF CITY
PRODUCTS and JOHN NISWONGER
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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GOLF CITY PRODUCTS, a partnership, and
CASE NO. c 11-03547 CW
15 JOHN NISWONGER, an individual,
Plaintiffs,
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v.
18 AFTERSHOCK, a sole proprietorship,
JENNIFER WHITE, an individual, REX
19 WHITE, an individual, JSMD KEY
PRODUCTS, LLC, a corporation, and JAMES
20 LARSON, an individual,
Defendants.
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STIPULATION AND ORDER FOR
WITH PREJUDICE DISMISSAL OF
ACTION AS TO AFTERSHOCK,
JENNIFER WHITE, AND REX
WHITE
WHEREAS:
A.
Plaintiffs Golf City Products and John Niswonger (“Plaintiffs”) have reached an
agreement with Aftershock, Jennifer White, and Rex White (the “Aftershock Defendants”), settling
the disputes as between Plaintiffs and the Aftershock Defendants which form the subject of this
action, and all related disputes;
B.
The settlement agreement provides, among other things, that this action shall be
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-1STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX
WHITE
1 dismissed with prejudice as to the Aftershock Defendants, and that this Court shall retain
2 jurisdiction to enforce the settlement agreement, if necessary:
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NOW THEREFORE, IT IS HEREBY STIPULATED by and between plaintiffs Golf City
4 Products and John Niswonger, of the one part, and Aftershock, Jennifer White, and Rex White, of
5 the other part, through their undersigned counsel, that:
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1.
The action shall be dismissed with prejudice as to Aftershock, Jennifer White, and
7 Rex White;
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2.
This Court shall retain jurisdiction to enforce the settlement agreement, and to
9 adjudicate any disputes relating to the performance or non performance by any party of its
10 obligations under the settlement agreement, and for all other purposes relating to the settlement
11 agreement; and,
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3.
Plaintiffs Golf City Products and John Niswonger, and Aftershock, Jennifer White,
13 and Rex White, shall each pay their own costs and attorneys’ fees with regard to this action, as
14 between each other.
15 Dated: August
, 2011
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By: /s/Stuart C. Clark
Stuart C. Clark (#124152)
CARR & FERRELL LLP
120 Constitution Drive
Menlo Park, CA 94025
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_______
Attorneys for plaintiffs GOLF CITY PRODUCTS and JOHN
NISWONGER
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22 Dated: August
, 2011
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By: /s/Laurence D. Grossman
Laurence D. Grossman (#47937)
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LAW OFFICES OF LAURENCE GROSSMAN
1701 Solar Drive, #261
Oxnard, CA 93030-0154Telephone: (650) 812-3400
Attorneys for defendants AFTERSHOCK, JENNIFER
WHITE, and REX WHITE
-2STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX
WHITE
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ACCORDING TO STIPULATION, IT IS SO ORDERED
DATED: September 29, 2011
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HON. CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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{00549156v1}
-3STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX
WHITE
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PROOF OF SERVICE
I am a citizen of the United States. My business address is 120 Constitution Drive, Menlo
Park, California 94025. I am employed in the county of San Mateo where this service occurs. I am
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over the age of 18 years and not a party to the within cause. I am readily familiar with my
employer’s normal business practice for collection and processing of correspondence for mailing
7 with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S.
8 Postal Service the same day as the day of collection in the ordinary course of business.
9 On the date set forth below, following ordinary business practice, I served true copies of the
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foregoing document(s) described as STIPULATION AND [PROPOSED] ORDER FOR WITH
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PREJUDICE DISMISSAL OF ACTION AS TO AFTERSHOCK, JENNIFER WHITE, AND
REX WHITE
(BY EMAIL) by transmitting via electronic mail the document(s) listed above
to the email address(es) set forth below, or as stated on the attached service list.
(BY MAIL) by causing envelopes containing such copies, with postage thereon
fully prepaid, to be placed in the United States Mail at Menlo Park, California,
addressed as follows.
William R. Hill, Esq.
Donahue Gallagher Woods LLP
1999 Harrison Street, 25th Floor
Oakland, CA 94612-3520
Email: rock@donahue.com
Robert Jensen, Esq.
Jensen & Puntigam, P.S.
2033 6th Ave, Suite 1020
Seattle, WA 98121
Email: BJ@jensenpuntigam.com
Attorneys for JSMD Key Products LLC and Attorneys for JSMD Key Products LLC and
James Larson
James Larson
Laurence Grossman, Esq.
Law Offices of Laurence Grossman
1701 Solar Drive, Suite 261
Oxnard, CA 93030
larryglaw@gmail.com
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Attorneys for Aftershock, Jennifer White,
and Rex White
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-4STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX
WHITE
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I declare under penalty of perjury under the laws of the United States of America that the
2 foregoing is true and correct.
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Executed on September
, 2011 at Menlo Park, California.
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CHERI HOULE
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-5STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX
WHITE
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