Garden Meadow, Inc. et al v. Grocery Outlet, Inc.

Filing 39

Order by Hon. Lucy H. Koh granting 38 Stipulation of Dismissal.(lhklc3, COURT STAFF) (Filed on 5/9/2013)

1 Sanjay M. Nangia (CA State Bar No. 264986)
DAVIS WRIGHT TREMAINE LLP
2 505 Montgomery Street, Suite 800
San Francisco, California 94111
[phone]
3 Telephone:
Facsimile:
[phone]
[e-mail]
4 Email:
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F. Ross Boundy (WA State Bar No. 00403)
DAVIS WRIGHT TREMAINE LLP
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
(Appearance Pro Hac Vice)

DAVIS WRIGHT TREMAINE LLP

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Attorneys for Defendant GROCERY OUTLET, INC.

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[Additional counsel listed on signature page]

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

16 GARDEN MEADOW, INC., a Connecticut
Corporation,
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Plaintiff,
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v.
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GROCERY OUTLET, INC., a California
20 Corporation doing business as GROCERY
OUTLET and as IDEAL DISTRIBUTING
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and
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JOHN DOES Numbers 1 through 99,
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Defendants.
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Case No. 5:12-cv-04811-LHK (PSG)
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER
Complaint Filed: September 13, 2012

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Plaintiff Garden Meadow, Inc. (“Garden Meadow”) and Defendant Grocery Outlet, Inc., a

27 California Corporation doing business as Grocery Outlet and as Ideal Distributing (“Grocery
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Outlet”), by and through their respective attorneys, hereby stipulate to a dismissal of this action
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Stipulation of Dismissal and [Proposed] Order
Case No. 5:12-cv-04811-LHK
DWT 21731178v2 0085912-000019

1 with prejudice as to Grocery Outlet and without prejudice as to John Does Numbers 1 through 99,
2 pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Each party shall bear its own
3 costs and attorneys’ fees.
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WHEREFORE, the parties respectfully request that this Court issue an Agreed Order of

5 Dismissal.
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IT IS SO STIPULATED.

7 Dated: May 8, 2013

SEILLER WATERMAN LLC

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By: /s/ Kyle Anne Citrynell
KYLE ANNE CITRYNELL
462 S. Fourth Street,22nd Floor
Louisville, Kentucky 40202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

DAVIS WRIGHT TREMAINE LLP

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REGINA VERDUCCI
WATT, TIEDER, HOFFAR &
FITZGERALD, L.L.P.
333 Bush Street, Suite 1500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-623-7001
Email:
[e-mail]

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Attorneys for Plaintiff
GARDEN MEADOW, INC.

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Dated: May 8, 2013

DAVIS WRIGHT TREMAINE LLP

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By: /s/ Sanjay M. Nangia
Sanjay M. Nangia

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Attorneys for Defendant
GROCERY OUTLET, INC.

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Stipulation of Dismissal and [Proposed] Order
Case No. 5:12-cv-04811-LHK
DWT 21731178v2 0085912-000019

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Pursuant to Local Rule 5-1 and General Order 45 X B, I am the ECF user whose

2 identification and password are being used to file this document. I attest that concurrence in the
3 filing of this document has been obtained from stipulating plaintiff. I have retained records to
4 support this concurrence for subsequent production for the Court, if so ordered, or for inspection
5 upon request by a party, until one year after the final resolution of the action (including appeal, if
6 any).
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By: /s/ Sanjay M. Nangia
Sanjay M. Nangia
Attorneys for Defendant
GROCERY OUTLET, INC.

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DAVIS WRIGHT TREMAINE LLP

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Stipulation of Dismissal and [Proposed] Order
Case No. 5:12-cv-04811-LHK
DWT 21731178v2 0085912-000019

AGREED ORDER OF DISMISSAL

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The Court, having considered the stipulation of the parties, and good cause appearing

3 therefore, orders as follows:
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1.

Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the claims

5 asserted by Plaintiff Garden Meadow, Inc. (“Garden Meadow”) are dismissed with prejudice as to
Defendant Grocery Outlet, Inc., a California Corporation doing business as Grocery Outlet and as
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Ideal Distributing, and without prejudice as to Defendants John Does Numbers 1 through 99.
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2.
Each party shall bear its own costs and attorneys’ fees.
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IT IS SO ORDERED.

DAVIS WRIGHT TREMAINE LLP

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Dated: May 9, 2013
Hon. Lucy H. Koh

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UNITED STATES DISTRICT JUDGE

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Stipulation of Dismissal and [Proposed] Order
Case No. 5:12-cv-04811-LHK
DWT 21731178v2 0085912-000019