AFFINITAS MEDIOS de PAGOS S.A.P.I. v. Merryman et al

Filing 30

STIPULATION AND ORDER OF DISMISSAL re 29 Stipulation filed by Doug E. Merryman, OPMNY, LLC, AFFINITAS MEDIOS de PAGOS S.A.P.I., ORDER DISMISSING ACTION WITH PREJUDICE. Signed by Judge Yvonne Gonzalez Rogers on 10/4/2019. (fs, COURT STAFF) (Filed on 10/4/2019)

H

10/4/2019
N

R NIA

o ge r s

FO

RT

6 Attorneys for Plaintiff AFFINITAS MEDIOS de
PAGOS S.A.P.I. de C.V.
7

nzalez R

LI

NO

onne Go
Judge Yv

ER

D

RDERE

A

S

UNIT
ED

OO
IT IS S

RT
U
O

1 Dirk O. Julander, Bar No. 132313
[e-mail]
2 Catherine A. Close, Bar No. 198549
[e-mail]
3 JULANDER, BROWN & BOLLARD
9110 Irvine Center Drive
4 Irvine, California 92618
Telephone: [phone]
5 Facsimile: [phone]

S DISTRICT
TE
C
TA

F
D IS T IC T O
R

8

UNITED STATES DISTRICT COURT

9

C

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

10
11 AFFINITAS MEDIOS de PAGOS S.A.P.I. de
C.V., a Mexican corporation,
12
Plaintiff,
13
14

vs.

ASSIGNED FOR ALL PURPOSES TO:
HON. YVONNE GONZALEZ ROGERS
STIPULATION OF DISMISSAL

15 DOUG E. MERRYMAN, an individual;
OPMNY, LLC, a Nevada limited liability
16 company,
17

Case No. 3:18-cv-05628-YGR

Action Filed:
Trial Date:

September 13, 2018
None Set

Defendants.

18
19
20
21
22
23
24
25
26
27
28
1
STIPULATION OF DISMISSAL AND PROPOSED ORDER

1

WHEREAS, on September 13, 2018, Plaintiff AFFINITAS MEDIOS de PAGOS S.A.P.I.

2 de C.V. (hereinafter “Plaintiff”) filed its Complaint for Breach of Contract, Fraud and Deceit,
3 Conversion, Accounting, Contractual Indemnity and Equitable Indemnity against Defendants
4 DOUG E. MERRYMAN and OPMNY, LLC (collectively “Defendants”) (all parties hereinafter
5 the “Parties”).
6

WHEREAS, on October 9, 2018, Defendants filed a Motion to Compel Arbitration based

7 on Paragraphs 6.10 and 6.11 of the Independent Contractor Agreement between the Parties.
8

WHEREAS, in resolution of the Motion to Compel Arbitration, on November 13, 2018,

9 the Parties agreed to submit the dispute to binding arbitration.
10

WHEREAS, the Arbitration commenced with JAMS on January 17, 2019 with the

11 Plaintiff’s filing of a Demand for Arbitration. On February 14, 2019, Defendants filed an Answer
12 and Counterclaims in the Arbitration. On February 28, 2019, Plaintiff filed an Answer to
13 Counterclaims.
14

WHEREAS, the Parties participated in a mediation on June 20 and 21, 2019 at the JAMS

15 office in Las Vegas, Nevada.
16

WHEREAS, the Parties, by and through their undersigned counsel, having amicably

17 settled their dispute, hereby stipulate and agree to dismiss this action in its entirety, with prejudice,
18 with each party to bear its own attorneys’ fees and costs.
19

THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and

20 Defendants through their designated counsel that the above-captioned action should be dismissed
21 with prejudice pursuant to FRCP 41(a)(1)(A)(ii). The parties further stipulate that the Parties shall
22 bear their own attorney’s fees, expenses and costs.
23

IT IS SO STIPULATED.

24
25
26
27 ///
28 ///
2
STIPULATION OF DISMISSAL AND PROPOSED ORDER

1 DATED: October 1, 20 19

JULANDER, BROWN & BOLLARD

2
3

By:
D1rk 0. Ju1ander
9110 Irvine Center Dri ve
Irvine, Californ ia 926 18
Tel. [phone]

4

5
6

Attorneys for PlaintiffAFFINITAS MEDIOS de
PAGOS S.A.P.I. de C. V.

7

8
9 DATED: October L, 20 19

0

c::

10

<
.J

11

(\

v

It

ORRICK, HERRrNGTON & SUTCLIFFE LLP

-

~

z

13

c:

" 14
>
w

L-----

(

.J
l-

/2.,_

By:

12

~ (

(lj

~ 15

-

0

a:

~

u.

0

z

l-

16

exander M. Porcaro
405 Howard Street
San Francisco, CA 94105
Attorneys for Defendants DOUG E. MERRYMAN
and OPMNY. LLC

17

<{
..J

18

)

..,

19
20
21
22
23
24
25
26
27
28
3
STIPULATION OF DISMISSAL AND PROPOSED ORDER

1
2

CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of October 2019, a true and correct copy of

3 STIPULATION OF DISMISSAL was served via the United States District Court CM/ECF
4 system on all parties or persons requiring notice.
5
6
7

By
Rachelle Arellano
an Employee of JULANDER, BROWN & BOLLARD

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION OF DISMISSAL AND PROPOSED ORDER