Opinion
ANNETTE BALLATORE-WILLIAMSON, DISTRICT COUNSEL #192176, SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT, Fresno, California, Attorneys for Defendant SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT.
MAYER BROWN LLP, Steven E. Rich, Attorneys for Defendants FOSTER FARMS, LLC and FOSTER POULTRY FARMS, INC., CENTER ON RACE, POVERTY & THE ENVIRONMENT.
Brent Newell, Attorneys for ASSOCIATION OF IRRITATED RESIDENTS.
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE
LAWRENCE J. O'NEILL, District Judge.
IT IS HEREBY STIPULATED by and between each of the parties to this action through their designated counsel that the entire above-captioned action be and hereby is dismissed with prejudice pursuant to FRCP 41(a)(1)(A)(ii).
IT IS FURTHER STIPULATED THAT the dismissal without prejudice on January 8, 2007 of plaintiff's claims against defendants Foster Farms - El Dorado Ranch and Foster Farms - Davis Ranch shall be and hereby is changed to a dismissal with prejudice.
IT IS FURTHER STIPULATED THAT each party shall bear its own respective attorney's fees and costs of suit.
ORDER
Pursuant to the Parties' stipulation, and for good cause shown, this action is dismissed with prejudice in its entirety, and that the dismissal without prejudice on January 8, 2007 of plaintiff's claims against defendants Foster Farms - El Dorado Ranch and Foster Farms - Davis Ranch shall be and hereby is changed to a dismissal with prejudice. Each party shall bear its own respective attorney's fees and costs of suit. The Clerk of Court is directed to CLOSE THIS CASE.
IT IS SO ORDERED.