Opinion
Case No. 5:12-cv-04811-LHK (PSG)
05-09-2013
GARDEN MEADOW, INC., a Connecticut Corporation, Plaintiff, v. GROCERY OUTLET, INC., a California Corporation doing business as GROCERY OUTLET and as IDEAL DISTRIBUTING and JOHN DOES Numbers 1 through 99, Defendants.
SEILLER WATERMAN LLC KYLE ANNE CITRYNELL REGINA VERDUCCI WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. Attorneys for Plaintiff GARDEN MEADOW, INC. DAVIS WRIGHT TREMAINE LLP Sanjay M. Nangia Attorneys for Defendant GROCERY OUTLET, INC.
Sanjay M. Nangia (CA State Bar No. 264986)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: (415) 276-6500
Facsimile: (415) 276-6599
Email: sanjaynangia@dwt.com
F. Ross Boundy (WA State Bar No. 00403)
DAVIS WRIGHT TREMAINE LLP
Suite 2200
1201 Third Avenue
Seattle, WA 98101-3045
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
Email: rossboundy@dwt.com
(Appearance Pro Hac Vice)
Attorneys for Defendant GROCERY OUTLET, INC. [Additional counsel listed on signature page]
STIPULATION OF DISMISSAL AND
[PROPOSED] ORDER
Complaint Filed: September 13, 2012
Plaintiff Garden Meadow, Inc. ("Garden Meadow") and Defendant Grocery Outlet, Inc., a California Corporation doing business as Grocery Outlet and as Ideal Distributing ("Grocery Outlet"), by and through their respective attorneys, hereby stipulate to a dismissal of this action with prejudice as to Grocery Outlet and without prejudice as to John Does Numbers 1 through 99, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Each party shall bear its own costs and attorneys' fees.
WHEREFORE, the parties respectfully request that this Court issue an Agreed Order of Dismissal.
IT IS SO STIPULATED.
SEILLER WATERMAN LLC
By: __________________________
KYLE ANNE CITRYNELL
REGINA VERDUCCI
WATT, TIEDER, HOFFAR &
FITZGERALD, L.L.P.
Attorneys for Plaintiff
GARDEN MEADOW, INC.
DAVIS WRIGHT TREMAINE LLP
By: __________________________
Sanjay M. Nangia
Attorneys for Defendant
GROCERY OUTLET, INC.
Pursuant to Local Rule 5-1 and General Order 45 X B, I am the ECF user whose identification and password are being used to file this document. I attest that concurrence in the filing of this document has been obtained from stipulating plaintiff. I have retained records to support this concurrence for subsequent production for the Court, if so ordered, or for inspection upon request by a party, until one year after the final resolution of the action (including appeal, if any).
By: __________________________
Sanjay M. Nangia
Attorneys for Defendant
GROCERY OUTLET, INC.
AGREED ORDER OF DISMISSAL
The Court, having considered the stipulation of the parties, and good cause appearing therefore, orders as follows:
1. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the claims asserted by Plaintiff Garden Meadow, Inc. ("Garden Meadow") are dismissed with prejudice as to Defendant Grocery Outlet, Inc., a California Corporation doing business as Grocery Outlet and as Ideal Distributing, and without prejudice as to Defendants John Does Numbers 1 through 99.
2. Each party shall bear its own costs and attorneys' fees.
IT IS SO ORDERED.
__________________________
Hon. Lucy H. Koh
UNITED STATES DISTRICT JUDGE