Purity Organic, LLC v. Natural Flavors, Inc. et al

Filing 91

ORDER of Dismissal as to Defendant Elan Chemical Company, Inc., re 90 Notice of Settlement filed by Purity Organic, LLC. Elan Chemical Company, Inc. terminated. Signed by Magistrate Judge Donna M. Ryu on 06/27/2016. (dmrlc1, COURT STAFF) (Filed on 6/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PURITY ORGANIC, LLC,

Case No. 15-cv-03310-DMR

Plaintiff,
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v.
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NATURAL FLAVORS, INC., et al.,

ORDER OF DISMISSAL AS TO
DEFENDANT ELAN CHEMICAL
COMPANY, INC.

Defendants.

United States District Court
Northern District of California

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The court has received the joint notice of settlement between Plaintiff Purity Organic, LLC

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and Defendant Elan Chemical Company, Inc. dba Elan Inc. (“Elan”). [Docket No. 90.] The court

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having been advised that Plaintiff and Defendant Elan have agreed to a settlement of this case, IT

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IS HEREBY ORDERED that Plaintiff’s claims against Defendant Elan are dismissed in their

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entirety with prejudice; provided, however, that if either party shall certify to this court, within 30

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days, with proof of service of a copy thereon to opposing counsel, that the agreed consideration for

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said settlement has not been delivered over, the foregoing Order shall stand vacated. The July 28,

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2016 hearing on Defendant Elan’s motion for summary judgment (Docket No. 72) is VACATED.

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IT IS SO ORDERED.
Dated: June 27, 2016
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DONNA M. RYU
United States Magistrate Judge