Whole Leaf USA, LLC et al v. United Security Bank et al

Filing 178

ORDER APPROVING 173 STIPULATION TO DISMISS UNITED SECURITY BANK WITH PREJUDICE filed by MKM Farms, Inc. Signed by Hon. Beth Labson Freeman on 3/30/2015. (blflc2, COURT STAFF) (Filed on 3/30/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WHOLE LEAF USA, LLC; et al.,
Plaintiffs,

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v.

Defendants.

Complaint Filed: August 19, 2013
Cross-Actions Filed: October 11, 2013
Trial Date: May 4, 2015
Courtroom: 3
Honorable Beth Labson Freeman

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[PROPOSED] ORDER TO DISMISS
ACTIONS WITH PREJUDICE
[Fed. R. Civ. Proc. 41(a)(1)]

UNITED SECURITY BANK; et al.

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Case No. 5:13-cv-3833-BLF

AND RELATED CROSSCLAIMS,
COUNTERCLAIM, AND THIRD
PARTY COMPLAINT

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Pursuant to the Stipulation to Dismiss With Prejudice signed by the necessary

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parties, the Federal Rules of Civil Procedure 41(a)(1) and upon Good Cause, the Court

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dismisses the following claims:

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1.

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All claims of Plaintiff MKM Farms, Inc. (“MKM”), on behalf of itself

only, against Defendant United Security Bank, WITH prejudice; and
2.

MKM and USB waive the right to recover any fees and costs relating to

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the Dismissal by MKM Farms, Inc. of United Security Bank, Inc; however, MKM Farms, Inc.

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does not waive any remedy that may be secured from the United States Department of

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Agriculture for the sums past due from Chieftain Harvesting, Inc.
{7057/029/00512456.DOC}
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Case No. 5:13-cv-3833-LHK
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[PROPOSED] ORDER TO DISMISS ACTIONS WITH PREJUDICE

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The remaining claims and parties unaffected by this Stipulation are:

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1.

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MKM Farms Inc. claims against Defendants, Chieftain Harvesting, Inc.

and Mr. David Mills; and
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Field Fresh Farms, LLC claims against Defendants, Chieftain

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Harvesting, Inc., and Mr. David Mills.

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IT IS SO ORDERED.

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March 30
DATED: ___________________, 2015

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THE HONORABLE BETH LABSON FREEMAN
UNITED STATES DISTRICT JUDGE

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{7057/029/00512456.DOC}
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Case No. 5:13-cv-3833-LHK
__________________________________________________________________________________________________________________

[PROPOSED] ORDER TO DISMISS ACTIONS WITH PREJUDICE