Van Ruiten Family Winery, LLC v. Sherwood et al

Filing 23

ORDER DISMISSING CASE WITHOUT PREJUDICE AND VACATING CASE MANAGEMENT CONFERENCE, ***Civil Case Terminated.. Signed by Judge Yvonne Gonzalez Rogers on 1/11/13. (fs, COURT STAFF) (Filed on 1/11/2013)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
JOSEPH A. SALAZAR, SB# 169551
E-Mail: [e-mail]
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MINA I. HAMILTON, SB# 213917
E-Mail: [e-mail]
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2850 Gateway Oaks Drive, Suite 450
4 Sacramento, California 95833
Telephone: [phone]
5 Facsimile: 916.564.5444
6 Attorneys for Plaintiff Van Ruiten Family
Winery, LLC
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8 William W. Palmer, Esq (SBN 146404)
Law Offices of William W. Palmer
9 575 University Ave., Suite 100
Sacramento, CA 95825
10 Telephone : [phone]
Facsimile: [phone]
11 Email : [e-mail]
12 Attorneys for Defendants Kevin F. Sherwood and
Diablo Dragon Wines, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW

n
onne Go
Judge Yv

zalez Rog

R NIA

D
RDERE

OO
IT IS S

ers

S

LI

1/11/13
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; JOINT REQUEST
ER
TO VACATE CASE MANAGEMENT CONFERENCE F C
N

A

BISGAARD
& SMITH LLP

4822-3981-0322.1

S DISTRICT
TE
C
TA

H

BRISBOIS

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RT

LEWIS

NO

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JOINT REQUEST TO VACATE CASE
MANAGEMENT CONFERENCE

FO

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NOTICE OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE;

UNIT
ED

Defendants.

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CASE NO. C-12-1692-YGR

RT
U
O

19 VAN RUITEN FAMILY WINERY, LLC, a
California limited liability company,
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Plaintiff,
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vs.
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KEVIN F. SHERWOOD, an individual;
23 DIABLO DRAGON WINES, INC., a
California corporation, and DOES 1 through
24 20, inclusive,

D IS T IC T O
R

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Plaintiff, VAN RUITEN FAMILY WINERY, LLC, by and through its attorneys, notifies

2 this Honorable Court and Defendants, pursuant to Federal Rule of Civil Procedure (“FRCP”)
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41(a)(1)(A)(i), that it hereby voluntarily dismisses this action without prejudice as to all
defendants. In support thereof, Plaintiff states as follows:

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1.

The parties have executed a settlement agreement and in accordance

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therewith, Plaintiff filed on January 3, 2013, a Notice of Conditional Settlement with Proposed

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Order vacating the Case Management Conference; thereafter, the Court continued to January 14,

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2013 at 2:00 p.m. the initial Case Management Conference;

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2.

Plaintiff now dismisses the instant action without prejudice and without a proposed

11 order, pursuant to FRCP 41(a)(1)(A)(i), which states in pertinent part:
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“(a) Voluntary Dismissal.

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(1) By the Plaintiff.

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(A)

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Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66
and any applicable federal statute, the plaintiff may dismiss an
action without a court order by filing:
(i)

a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or

(ii)

a stipulation of dismissal signed by all parties who have
appeared.

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(B)
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Effect. Unless the notice or stipulation states otherwise, the dismissal
is without prejudice…”

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3.

Defendants have not yet answered the complaint or filed a motion for summary

23 judgment, and have no objection to the voluntary dismissal.
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4.

The parties submit that as the case is now voluntarily dismissed, no Case

25 Management conference is warranted, and jointly request that the Case Management Conference
26 be vacated.
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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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2
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; JOINT REQUEST
TO VACATE CASE MANAGEMENT CONFERENCE

4822-3981-0322.1

1 Dated: January 10, 2013

LEWIS BRISBOIS BISGAARD & SMITH LLP

2
By: /s/
MINA I. HAMILTON, ESQ.
Attorneys for Plaintiff VAN RUITEN
FAMILY WINERY, LLC

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6 Dated: January 10, 2013

LAW OFFICES OF WILLIAM W. PALMER

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By: /s/
WILLIAM W. PALMER, ESQ.
Attorneys for Specially Appearing Defendants
KEVIN F. SHERWOOD, and DIABLO
DRAGON WINES, INC.

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LEWIS

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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3
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; JOINT REQUEST
TO VACATE CASE MANAGEMENT CONFERENCE

4822-3981-0322.1