Panther Expedited Services, Inc. v. Tom Storey et al

Filing 65

STIPULATION AND ORDER re 64 DISMISSING CASE. Entire action dismissed with prejudice. Each party to bear its own attorneys' fees and costs. Signed by Magistrate Judge Howard R. Lloyd on 11/23/2011. (hrllc2, COURT STAFF) (Filed on 11/23/2011)

*E-FILED 11-23-2011*

lOWEN. WICKERSHAM & ERICKSON, P.e.
LAWRENCE G. TOWNSEND (SBN 88184)
2 KATHLEEN E. LETOURNEAU (SBN 244747)
455 Market Street, Suite 1910
3 San Francisco, CA 94105
Telephone: [phone]
4 Facsimile: 415-882-3232
Email:
[e-mail]
5
[e-mail]
6 Attorneys for Defendants and Counter-Claimants
TOM STOREY and PREMIER GLOBAL LOGISTICS, LLC
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BAKER & ASSOCIATES
8 SCOTT L. BAKER (SBN 128032)
JONE S. OSBORN (SBN 67047)
9 1875 Century Park East, Suite 1490
Los Angeles, CA 90067
10 Telephone: [phone]
Facsimile: 310-553-2254
11 Email:
[e-mail]
[e-mail]
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Attorneys for Plaintiffs and Counter-Defendants
13 PANTHER EXPEDITED SERVICES, INC.,
PANTHER II TRANSPORTATION, INC., and
14 ELITE TRANSPORTATION SERVICES, LLC
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UNITED STATES DISTRICT COURT

NORTHERJ\J" DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

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18 PANTHER EXPEDITED SERVICES,
INC., a Delaware Corporation, PANTHER
19 II TRANSPORTATION, INC., an Ohio
Corporation, and ELITE
20 TRANSPORTATION SERVICES, LLC,
an Oregon Limited Liability Company,
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Plaintiffs,
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Case No. CV 10 2904 HRL

STIPULATION AND ORDER OF
DISMISSAL OF ACTION AND
COUNTERCLAIM WITH PREJUDICE
[FRCP Rule 41]

v.

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TOM STOREY, an individual, ELITE
24 GLOBAL LOGISTICS, a business entity
of unknown form, and DOES 1 through
25 50, inclusive,
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Defendants.

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AND RELATED COUNTER-CLAIMS

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STIPULATION AND ORDER OF DISMISSAL OF ACTION AND COUNTERCLAIM WITH PREJUDICE
USDC NDCal Case No. 10 2904 HRL

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IT IS HEREBY STIPULATED, by and between the parties to this action, pursuant to
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their Confidential Settlement Agreement and Release, through their attorneys of record, that the
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entire action herein, including the complaint filed by plaintiffs Panther Expedited Services, Inc.,
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Panther II Transportation, Inc., and Elite Transportation Services, LLC against defendants Tom
5 Storey and Premier Global Logistics, LLC, and the counterclaim filed by counter-claimants Tom
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Storey and Premier Global Logistics, LLC against counter-defendants Panther Expedited

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Services, Inc., Panther II Transportation, Inc., and Elite Transportation Services, LLC, be
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dismissed with prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, with each
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party to bear its own attorneys' fees and costs.

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OWEN, WICKERSHAM & ERICKSON, P.C.

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Dated: November 22, 2011

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By:
lsI Lawrence G. Townsend
Lawrence G. Townsend
Kathleen Letourneau

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Dated: November 22, 2011

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Attorneys for Defendants and Counter-Claimants
TOM STOREY and PREMIER GLOBAL
LOGISTICS, LLC

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B:KER~
Scott L. B
lone S. Osborn

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Attorneys for Plaintiffs and Counter-Defendants
PANTHER EXPEDITED SERVICES, INC.,
PANTHER II TRANSPORTAnON, INC., and
ELITE TRANSPORTATION SERVICES, LLC

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STI PULATION AND ORDER OF DISMISSAL OF ACTION AND COUNTERCLAIM WITH PREJUDICE
USDC NDCal Case No. 102904 HRL

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[PROPOSED]
XXXXXXXX ORDER
X

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Pursuant to stipulation of the parties and Rule 41 ofthe Federal Rules of Civil Procedure,

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IT IS HEREBY ORDERED that the entire action herein, including the complaint filed by
5 plaintiffs Panther Expedited Services, Inc., Panther II Transportation, Inc., and Elite
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Transportation Services, LLC against defendants Tom Storey and Premier Global Logistics,

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LLC, and the counterclaim filed by counter-claimants Tom Storey and Premier Global Logistics,
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LLC against counter-defendants Panther Expedited Services, Inc., Panther II Transportation,
10 Inc., and Elite Transportation Services, LLC be, and hereby is, DISMISSED WITH
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PREJUDICE, each party to bear its own attorneys' fees and costs.

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November 23
Dated: _ _ _ _ _,2011
JUDGE
XXXXXX MAGISTRATE JUDGE
OF THE DISTRICT COURT

HOWARD R. LLOYD
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STI PULA TION AND ORDER OF DISMISSAL OF ACTION AND COUNTERCLAIM WITH PREJUDICE

USDC NDCal Case No. 10 2904 HRL