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Campos v. Campos Family Farms, LLC, 12-CV-00598-DAD-EPG. (2017)

Court: District Court, E.D. California Number: infdco20170921669 Visitors: 21
Filed: Sep. 19, 2017
Latest Update: Sep. 19, 2017
Summary: STIPULATION OF DISMISSAL OF ACTION AND REQUEST TO RETAIN JURISDICTION OVER SETTLEMENT ORDER FOR CLERK TO CLOSE CASE ERICA P. GROSJEAN , Magistrate Judge . IT IS HEREBY STIPULATED by and between Plaintiff, Antonio Campos, Trustee of the Antonio and Juliet Campos Family Trust, as amended and restated under instrument dated October 8, 1996, doing business as Campos Brothers Farms, through his counsel of record herein, Kirin K. Virk of the law firm of Damrell, Nelson, Schrimp, Pallios, Pacher
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STIPULATION OF DISMISSAL OF ACTION AND REQUEST TO RETAIN JURISDICTION OVER SETTLEMENT

ORDER FOR CLERK TO CLOSE CASE

IT IS HEREBY STIPULATED by and between Plaintiff, Antonio Campos, Trustee of the Antonio and Juliet Campos Family Trust, as amended and restated under instrument dated October 8, 1996, doing business as Campos Brothers Farms, through his counsel of record herein, Kirin K. Virk of the law firm of Damrell, Nelson, Schrimp, Pallios, Pacher & Silva, and Michael Allan of the law firm of Steptoe & Johnson LLP, and Defendants, Campos Family Farms, LLC, a California limited liability company, Veronica Campos, individually, Fermin M. Campos, individually and as Trustee of the Fermin and Veronica Campos Family Trust, as amended and restated in 2008, and as Trustee of the Fermin M. Campos Administrative Trust and Alfredo Martinez, individually, through their counsel of record, Marshall Whitney, W.F. Docker and Timothy Buchanan of the law firm of McCormick, Barstow, Sheppard, Wayte & Carruth LLP, as follows:

RECITALS

A. Plaintiff filed this action (the "Trademark Action") against Defendants on April 16, 2012. By recommended order of June 8, 2012 and final order of June 25, 2012, the Court ordered the Trademark Action to arbitration before Justice Nickolas Dibiaso (Ret.).

B. Accordingly, the parties arbitrated the claims in the Trademark Action, in addition to claims and disputes related to a pending action between some of these parties and other parties in Fresno Superior Court, Fermin Campos Farms, Inc. et al. v. Antonio Campos, et al., Fresno County Superior Court, Case No. 10 CECG 01292 KCK (the "Partnership Action").

C. The parties to the Trademark Action and the Partnership Action entered into a full and complete settlement of their claims and disputes by way of a written and signed settlement agreement executed on July 5, 2017 (the "Settlement").

D. As part of the Settlement, Plaintiff and Defendants agreed that this Court will retain jurisdiction over the Trademark Action and the parties thereto to enforce the provisions of the Settlement related to the Trademark Action.

NOW, THEREFORE, IT IS HEREBY STIPULATED as follows:

STIPULATION

1. The Trademark Action shall be dismissed with prejudice. 2. The Court shall retain jurisdiction over the Trademark Action for the purpose of enforcing the Parties' related Settlement. 3. The Parties shall bear their own costs and attorney's fees in the Trademark Action.

ORDER

1. Pursuant to the foregoing Stipulation, the case has ended and is dismissed with prejudice. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997); Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) ("Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).").

2. The Clerk of the Court is DIRECTED to close this case.

3. The Court will retain jurisdiction for the purpose of permitting the parties to enforce the terms of their Settlement with respect to the Trademark Action.

4. The parties shall bear their own costs and attorney's fees.

IT IS SO ORDERED.

Source:  Leagle

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