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

Filing 65

ORDER Granting 64 Stipulation to Dismiss With and Without Prejudice. The claims against all defendants by Plaintiffs Whole Leaf USA LLC and Double M Ranches Inc. are dismissed with prejudice. The counterclaim against Whole Leaf USA LLC by Defendant United Security Bank is dismissed without prejudice. Signed by Hon. Beth Labson Freeman on 7/23/2014. (blflc2, COURT STAFF) (Filed on 7/23/2014)

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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

Oliver W. Wanger #40331
Timothy Jones # 119841
Patrick D. Toole #190118

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Attorneys for: Defendant, Cross-claimant, Counter-claimant, and Third Party Plaintiff
United Security Bank, a California corporation

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RYNN & JANOWSKY, LLP

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4100 Newport Place Drive, Suite 700
Newport Beach, California 92660
Telephone: [phone]
Facsimile: [phone]
Marion I. Quesenbery #072308
Patricia J. Rynn #92048

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Attorneys for: Plaintiffs Whole Leaf USA, LLC; Field Fresh Farms, LLC;
Double M Ranches Inc., and MKM Farms, Inc.

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JOHNSON, MONCRIEF, & HART, P.C.

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16 W. Gabilan Street
Salinas, California 93901
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for: Defendants Chieftain Harvesting, Inc., David Mills, and Joseph Esquivel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 5:13-cv-3833-BLF
Order re:
STIPULATIONS TO DISMISS WITH
AND WITHOUT PREJUDICE

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

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v.

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Defendants.
____________________________________
AND RELATED CROSSCLAIMS,
COUNTERCLAIM, AND THIRD
PARTY COMPLAINT

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[Fed. R. Civ. Proc. 40(a)(1)]

UNITED SECURITY BANK; et al.

///

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{7057/036/00484600.DOC}

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

Order re: STIPULATIONS TO DISMISS WITH AND WITHOUT PREJUDICE

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Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs Whole Leaf

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USA, LLC and Double M Ranches, Inc., on behalf of themselves only, voluntarily dismiss

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Defendants Chieftain Harvesting, Inc., Mr. David Mills and United Security Bank with

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prejudice. Separately, United Security Bank requests the Court also dismiss, without prejudice

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under Rule 41(a)(1), its Counterclaim against Whole Leaf USA filed October 11, 2013,

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(Docket No. 20) only. In light of the requested Dismissals, the remaining claims and parties

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that are unaffected by this Stipulation are:
1.

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Defendants United Security Bank, Chieftain Harvesting, Inc. and Mr. David Mills;
2.

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United Security Bank’s Answer and Cross-Complaint against Chieftain

Harvesting, Inc., and Mr. David Mills; and
3.

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Field Fresh Farms, LLC and MKM Farms Inc., claims against

United Security Bank’s Third Party Complaint against Mr. Joseph

Esquivel.

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All parties waive the right to recover all fees and costs relating to the Dismissals

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by Whole Leaf USA, Double M Ranches, Inc. and, United Security Bank, Inc; however,

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neither Whole Leaf USA nor Double M Ranches, Inc., waive any remedy that may be secured

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from the United States Department of Agriculture for the sums past due from Chieftain

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Harvesting, Inc.

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DATED: July 22, 2014.

By_____/s/ Patrick D. Toole
__________
Oliver W. Wanger
Timothy Jones
Patrick D. Toole
Attorneys for Defendant United Security Bank

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DATED: July 22, 2014.

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RYNN & JANOWSKY, LLP
By_____/s/ Marion I. Quesenbery __________
Marion I. Quesenbery
Patricia J. Rynn
Attorneys for Plaintiffs Whole Leaf USA,
LLC; Field Fresh Farms, LLC;
Double M Ranches Inc., and
MKM Farms, Inc.

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WANGER JONES HELSLEY PC

Additional signatures on following page
{7057/036/00484600.DOC}

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

Order re: STIPULATIONS TO DISMISS WITH AND WITHOUT PREJUDICE

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DATED: July 22, 2014.

JOHNSON, MONCRIEF, & HART PC
By_____/s/ Dennis Lewis
__________
Dennis Lewis
Defendants Chieftain Harvesting, Inc.,
David Mills, and Joseph Esquivel

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The claims against all defendants by Plaintiffs Whole Leaf USA LLC and Double M

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Ranches Inc. are dismissed with prejudice. The counterclaim against Whole Leaf USA LLC

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by Defendant United Security Bank is dismissed without prejudice.

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IT IS SO ORDERED.

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Date: July 23, 2014
____________________________________
BETH LABSON FREEMAN
United States District Judge

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{7057/036/00484600.DOC}

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

Order re: STIPULATIONS TO DISMISS WITH AND WITHOUT PREJUDICE