Cesari S.R.L. v. Peju Province Winery L.P. et al

Filing 299

ORDER: This matter came before the Court on Plaintiff's unopposed application under Fed. R. Civ. P. 21 to drop from the case Defendant Peju Province Corporation. The application is made on the grounds that the remaining Peju Defendants, specifically Defendants Peju Province Winery L.P. and Peju Family Operating Partnership L.P. ("Remaining Defendants"), have agreed they will not claim in this action that Defendant Peju P rovince Corporation was the seller of any of the infringing wines. Based on that representation, the presence of Defendant Peju Province Corporation no longer affects the issues being litigated. The Court has been advised that the part ies reached this agreement solely for the purpose of narrowing the issues in the case, and that this voluntary request for the dismiss al of Defendant Peju Province Corporation will not be a ground upon which any party m ay claim costs and fees against Plaintiff under Fed. R. Civ. P. 68, the Lanham Act, or any other rule or provision. Having considered Plaintiffs unopposed request, the joint letter submitted by Plaintiff and Defendants regardin g Plaintiff s request, the Court hereby orders as follows: ORDERED that Defendant Peju Province Corporation and all claims in Plaintiffs First Amended Complaint against Defendant Peju Province Corporation only are hereby dismissed from thi s action with prejudice pursuant to Fed. R. Civ. P. 21, without costs and fees. IT IS SO ORDERED. Peju Province Corporation (a California Corporation) terminated. (Signed by Magistrate Judge Naomi R. (Magistrate) Buchwald on 10/5/2021) (tg)