Reser's Fine Foods, Inc. v. Bob Evans Farms, Inc et al

Filing 171

ORDER: Granting Motion to Dismiss 170 . See formal Order. Signed on 12/3/2014 by Chief Judge Ann L. Aiken. (rh)

Steven T. Lovett, OSB No. 910701
[e-mail]
Nathan C. Brunette, OSB No. 090913
nathan. [e-mail]
CrystalS. Chase, OSB No. 093104
[e-mail]
STOEL RIVES LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

RESER'S FINE FOODS, INC., a domestic
business corporation,

Case No.: 3:13-cv-00098-AA

Plaintiff,
STIPULATED MOTION TO DISMISS
DEFENDANTS' FIRST, SECOND, AND
THIRD COUNTERCLAIMS FOR RELIEF

v.
BOB EVANS FARMS, INC., a Delaware
corporation; BOB EVANS FARMS LLC, an
Ohio limited liability corporation; BEF
FOODS, INC., an Ohio corporation,
Defendants.

Pursuant to Federal Rule of Civil Procedure 41 (a)(2 ), defendants move to dismiss with
prejudice their First Claim for Relief (Intentional Interference with Contract and/or Economic
Relations); Second Claim for Relief (Lanham Act False Advertising); and Third Claim for Relief
Page 1

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STIPULATED MOTION TO DISMISS DEFENDANTS' FIRST, SECOND,
AND THIRD COUNTERCLAIMS FOR RELIEF

77556811.2 0048154-00001

(Unfair Competition), with each party bearing its own costs and attorney fees as to the foregoing
dismissed counterclaims. Plaintiff stipulates to the terms of this dismissal.
Defendants' Fourth Claim for Relief (Breach of Contract, Counts 1-3 ), First
Supplemental Claim for Relief (Intentional Interference with Contract and/or Economic
Relations); Second Supplemental Claim for Relief (Fraud); and Third Supplemental Claim for
Relief (Breach of Contract/Promissory Estoppel, Counts 1-5), are not subject to this motion and
remain pending.
DATED: November 11,2014.
LANE POWELL PC

STOEL RIVES

s/ Susan K. Eggum
SUSAN K. EGGUM, OSB No. 824576
PETER D. HAWKES, OSB No. 071986
601 SW Second Avenue, Suite 2100
Portland, OR 97204 3158

s/ Steven T. Lovett
STEVEN T. LOVETT, OSB No. 910701
NATHAN C. BRUNETTE, OSB No. 090913
CRYSTALS. CHASE, OSB No. 093104
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204

LLP

Attorneys for Plaintiff
Attorneys for Defendants

ORDER
IT IS SO ORDERED.
DATED this-:::2_ day of~ l;u,y:, 2014.

THE HONORABLE ANN AIKEN
United States District Judge

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STIPULATED MOTION TO DISMISS DEFENDANTS' FIRST, SECOND,
AND THIRD COUNTERCLAIMS FOR RELIEF

77556811.2 0048154-00001