Dr Pepper/Seven Up, Inc. v. Dr Pepper Bottling Co

Filing 29

STIPULATION of Dismissal by Dr Pepper Bottling Company of Dublin, Texas, Dr Pepper/Seven Up, Inc.. (Beckwith, Van)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
DR PEPPER/SEVEN UP, INC.,

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§
Plaintiff,
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§
v.
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§
DR. PEPPER BOTTLING COMPANY OF §
DUBLIN, INC. D/B/A DR PEPPER §
BOTTLING COMPANY OF DUBLIN, §
TEXAS,
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Defendant.
§

Case No. 4:11cv398

STIPULATION OF DISMISSAL
Plaintiff Dr Pepper/Seven Up, Inc. (“DPSU”) and Defendant Dr Pepper Bottling
Company of Dublin, Inc. (“DPBD”) have agreed to dismiss all claims asserted between them in
this case with prejudice in accordance with a confidential Settlement Agreement. Accordingly,
pursuant to Federal Rule of Civil Procedure 41(a)(1), DPSU stipulates to the dismissal with
prejudice of all its claims asserted in this case against DPBD, and DPBD stipulates to the
dismissal with prejudice of all its claims asserted in this case against DPSU. The parties further
stipulate that they shall bear their own attorneys' fees, expenses, and costs.

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Dated: January 12, 2012

Respectfully submitted,

/s/ Van H. Beckwith
Van H. Beckwith
[e-mail]
Jonathan R. Mureen
[e-mail]
Baker Botts L.L.P.
2001 Ross Avenue, Suite 600
Dallas, Texas 75201
Telephone: [phone]
Facsimile: 214-953-6503

Clyde M. Siebman
Lawrence A. Phillips
Siebman, Burg, Phillips & Smith, LLP
Federal Courthouse Square
300 North Travis Street
Sherman, TX 75090
Telephone: [phone]
Facsimile: 903-870-0066
Counsel for Plaintiff

By:

/s/ Steven D. Wolens
Steven D. Wolens
State Bar No. 21847600
[e-mail]
Thomas A. Graves
State Bar No. 08312000
[e-mail]
R. Darryl Burke
State Bar No. 03403405
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1400
Dallas, Texas 75201
[phone]
[phone] (FAX)
Sam F. Baxter
State Bar No. 01938000
MCKOOL SMITH, P.C.

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104 East Houston Street, Suite 300
Marshall, Texas 75670
[phone]
[phone] FAX
Counsel for Defendant

CERTIFICATE OF SERVICE
I hereby certify that the foregoing document was filed electronically on January 12, 2012
pursuant to Local Rule CV-5(a) and has been served on all counsel who are deemed to have
consented to electronic service.
/s/ Van H. Beckwith
Van H. Beckwith

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