River Ranch Fresh Foods, LLC et al v. Premium Fresh Farms, LLC et al

Filing 45

ORDER re 43 Dismissing Case Without Prejudice, and Retaining Jurisdiction to Enforce Settlement Agreement, Pursuant to Stipulation of the Parties. Signed by Judge Patricia V. Trumbull on 2/11/10. (pvtlc1) (Filed on 2/12/2010)

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LAW OFFICES RYNN & JANOWSKY, LLP 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660 [phone] FAX [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

10 11 12 13 Plaintiffs, 14 v. 15 16 17 18 19 20 21 22 23 24 PREMIUM FRESH FARMS, LLC; PDP & ASSOCIATES, LLC; AG HARVESTING & TECHNOLOGIES, LLC; EMMITT L. PFOST; SALVADOR PAUL TARANTINO; PAUL E. DUNHAM; JOHN D. TAMAGNI; and ROBERT ELLIOTT, Defendants. HAVING REVIEWED AND CONSIDERED the foregoing Stipulation and Order, and it appearing to the satisfaction of the court that relief in accordance with the terms of the Stipulation and Order should be entered, IT IS HEREBY ORDERED that the Stipulation is approved; and RIVER RANCH FRESH FOODS, LLC; VESSEY AND COMPANY, INC.; LANCER MARKETING; and FIELD FRESH FARMS, LLC, CASE NO. C08-01688 PVT ORDER DISMISSING CASE WITHOUT PREJUDICE, AND RETAINING JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT, PURSUANT TO STIPULATION OF THE PARTIES

ORDER ­ Case No. C08-01688 PVT ­ Page 1

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LAW OFFICES RYNN & JANOWSKY, LLP 4100 NEWPORT PLACE DRIVE SUITE 700 NEWPORT BEACH, CALIFORNIA 92660 [phone] FAX [phone]

IT IS FURTHER ORDERED that Plaintiff's complaint be dismissed, in its entirety as to all Defendants without prejudice subject to reopening only for the limited purpose of interpreting and enforcing the terms of the Confidential Settlement Agreement and Mutual Release and entering and enforcing judgment against Defendants in the manner and under the terms set forth therein, if necessary. IT IS FURTHER ORDERED that the U.S. District Court for the Northern District of California shall retain exclusive personal and subject matter jurisdiction to interpret and enforce the terms of the Confidential Settlement Agreement and Mutual Release and to enter and enforce judgment against Defendants in the manner and under the terms set forth therein, if necessary. SO ORDERED.

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DATED:

2/11/10 THE HONORABLE PATRICIA V. TRUMBULL UNITED STATES MAGISTRATE JUDGE

ORDER ­ Case No. C08-01688 PVT ­ Page 2