Knightsbridge Wine Shoppe, LTD. et al v. Jolly

Filing 35

ORDER APPROVING 34 STIPULATION OF DISMISSAL. Signed by Judge Jeremy Fogel on 1/5/09. (jflc2, COURT STAFF) (Filed on 1/5/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kenneth W. Starr (S.B.N. 58382) kstarr@kirkland.com Tracy Kathryn Genesen (S.B.N. 159324) tgenesen@kirkland.com Rebecca M. Stamey-White (S.B.N. 257717) rstamey-white@kirkland.com KIRKLAND & ELLIS LLP 555 California Street San Francisco, California 94104-11501 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 Attorneys for Plaintiffs KNIGHTSBRIDGE WINE SHOPPE, LTD.; CASCO COMMUNICATIONS dba VIRGINIA WINE OF THE MONTH CLUB; and STEVEN M. COHEN, an individual **E-Filed 1/5/08** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KNIGHTSBRIDGE WINE SHOPPE, LTD., ET AL. Plaintiffs, vs. JERRY R. JOLLY, in his capacity as Director of the California Department of Alcoholic Beverage Control, Defendant. CASE NO. 5:06-CV-02890-JF ORDER APPROVING STIPULATION OF DISMISSAL Pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(ii) and 25(d), Defendant STEVE HARDY, in his official capacity as the Director of the California Department of Alcoholic Beverage Control (the "Department") and successor to Defendant JERRY R. JOLLY, the former director, and Plaintiffs KNIGHTSBRIDGE WINE SHOPPE, LTD., CASCO COMMUNICATIONS LLC dba VIRGINIA WINE OF THE MONTH CLUB, and STEVEN M. COHEN, by and through their respective counsel, hereby stipulate to the dismissal of this action without prejudice, each of the parties to bear their own fees and costs. Plaintiffs are satisfied with the on-going enforcement priorities of the Department, as articulated in Section I. 5 of the Stipulation, Agreement and Order ("Stipulation") entered in this action on November 15, 2006 1 Stipulation Of Dismissal Case No. 5:06-CV-02890-JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and for this reason see no need to proceed with the litigation at this time, and Defendant is similarly of the opinion the litigation should not proceed for the reasons stated in Section I. 7 of the Stipulation. IT IS HEREBY SO STIPULATED. Dated: December 31, 2008 Kenneth W. Starr Tracy K. Genesen Rebecca M. Stamey-White KIRKLAND & ELLIS LLP By: /s/ Tracy K. Genesen Tracy Kathryn Genesen Attorneys for Plaintiffs KNIGHTSBRIDGE WINE SHOPPE, LTD.; CASCO COMMUNICATIONS dba VIRGINIA WINE OF THE MONTH CLUB; and STEVEN M. COHEN, an individual Dated: December 31, 2008 EDMUND G. BROWN JR., Attorney General of the State of California ALICIA M.B. FOWLER Senior Assistant Attorney General MIGUEL A. NERI FIEL D. TIGNO Supervising Deputy Attorneys General By: /s/ Marjorie E. Cox MARJORIE E. COX Deputy Attorney General Attorneys for Defendant DIRECTOR, CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Signature Attestation I hereby attest that I have on file written authorization for any signatures indicated by a "conformed" signature (/s/) within this efiled document. Dated: December 31, 2008 IT IS SO ORDERED. 1/5/09 Stipulation Of Dismissal /s/ Marjorie E. Cox MARJORIE E. COX Deputy Attorney General ____________________________________ United States District Judge 2 Case No. 5:06-CV-02890-JF

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