Filed: Feb. 04, 2019
Latest Update: Feb. 04, 2019
Summary: STIPULATION FOR VOLUNTARY DISMISSAL OF CLAIMS AND ORDER Trial WILLIAM H. ORRICK , District Judge . Plaintiff Deportes Media of California, LLC ("Plaintiff"), on the one hand, and Defendants Media Trust Acquisitions, LLC, Kalil & Co., East Bay Broadcasting, LLC, and Salem Media Group, Inc. (collectively "Defendants;" together with Plaintiff, the "Parties"), on the other hand, by and through their counsel of record, hereby stipulate as follows: WHEREAS, on June 13, 2017, Plaintiff filed a co
Summary: STIPULATION FOR VOLUNTARY DISMISSAL OF CLAIMS AND ORDER Trial WILLIAM H. ORRICK , District Judge . Plaintiff Deportes Media of California, LLC ("Plaintiff"), on the one hand, and Defendants Media Trust Acquisitions, LLC, Kalil & Co., East Bay Broadcasting, LLC, and Salem Media Group, Inc. (collectively "Defendants;" together with Plaintiff, the "Parties"), on the other hand, by and through their counsel of record, hereby stipulate as follows: WHEREAS, on June 13, 2017, Plaintiff filed a com..
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STIPULATION FOR VOLUNTARY DISMISSAL OF CLAIMS AND ORDER Trial
WILLIAM H. ORRICK, District Judge.
Plaintiff Deportes Media of California, LLC ("Plaintiff"), on the one hand, and Defendants Media Trust Acquisitions, LLC, Kalil & Co., East Bay Broadcasting, LLC, and Salem Media Group, Inc. (collectively "Defendants;" together with Plaintiff, the "Parties"), on the other hand, by and through their counsel of record, hereby stipulate as follows:
WHEREAS, on June 13, 2017, Plaintiff filed a complaint, entitled Deportes Media of California, LLC v. Susan L. Uecker, et al, in the United States District Court for the Northern District of California, Case No. 3:17-cv-3403-WHO (the "Action"), alleging claims for breach of contract, tortious interference with contract, tortious interference with prospective economic advantage, and violation of California's Unfair Competition Law, and seeking monetary damages and equitable relief;
WHEREAS, Plaintiff's initial complaint was amended twice to, among other things, remove the causes of action for breach of contract and violations of California's Unfair Competition Law and add causes of action for negligent interference with prospective economic advantage and vicarious liability;
WHEREAS, Plaintiff filed a motion for leave to file a third amended complaint;
WHEREAS, Defendants denied and continue to deny all of the allegations and claims made by Plaintiff in and during the Action;
WHEREAS, on August 17, 2018, the Parties participated in a mediation before the Hon. Margaret Nagle (Ret), as the neutral mediator;
WHEREAS, after mediation and additional settlement efforts, the Parties reached a resolution of all of Plaintiff's claims against Defendants, including those set forth in the Action;
WHEREAS, the Parties entered into a written settlement agreement that calls for dismissal of the Action with prejudice to be filed following the occurrence of certain conditions;
WHEREAS, the conditions precedent to the dismissal of the Action have occurred.
NOW, THEREFORE, the Parties, by and through their counsel of record, stipulate as follows:
1. The Action, including all claims and causes of action alleged therein, shall be dismissed with prejudice, with each Party bearing his, her, or its own attorneys' fees and costs.
2. The Court shall have continuing jurisdiction over the Action for purposes of enforcing the Parties' settlement agreement.
[PROPOSED] ORDER
Pursuant to Rule 41 of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that the action entitled Deportes Media of California, LLC v. Susan L. Uecker, et al, including all claims and causes of action alleged therein, shall be dismissed with prejudice, as set forth in the Parties' Stipulation for Voluntary Dismissal of Claims.
IT IS SO ORDERED.
