STIPULATION AND ORDER TO DISMISS DEFENDANTS INGOMAR PACKING COMPANY, GREGORY PRUETT, LOS GATOS TOMATO PRODUCTS AND STUART WOOLF

KIMBERLY J. MUELLER, District Judge.

WHEREAS, on March 12, 2009, an Order was entered consolidating the class action cases Four in One Company v. SF Foods, LP, et al. (Case No. 2:08-cv-03017-KJM-EFB), Diversified Foods and Seasoning, Inc. v. SK Foods, et al. (Case No. 2:08-cv-03074 KJM-EFB), Bruce Foods Corporation v. SK Foods, LP, et al. (Case No. 2:09-cv-00027-KJM-EFB), and Cliffstar Corporation v. SK Foods, LP, et al. (Case No. 2:09-cv-00442-KJM-EFB), for pretrial purposes ("the Consolidated Cases"); and

WHEREAS on March 20, 2009 Hausfeld LLP and Quinn Emmanuel were appointed as Interim Co-Lead Counsel ("Class Counsel") for the Consolidated Cases and a Consolidated Class Action Complaint was filed on November 9, 2009; and

WHEREAS, on August 18, 2014, the Court issued an Amended Order Granting Plaintiffs' Motion for Final Approval of Class Settlement between Class Counsel and Defendants Ingomar Packing Company, Gregory Pruett, Los Gatos Tomato Products, and Stuart Woolf ("the Settled Defendants") in the lead case Four in One Company v. SF Foods, LP, et al. (Case No. 2:08-cv-03017-KJM-EFB) resolving all claims in the Consolidated Class Action Complaint as to the Settled Defendants; and

WHEREAS, all funds from the Class settlements with the Settled Defendants have been paid and distributed to the Class, and the only funds left to be distributed to the Class are those pursuant to the Bankruptcy Plan in the Chapter 11 bankruptcy action filed by Defendant SK Foods, L.P. in the United States Bankruptcy Court for the Eastern District of California (Case No. 09-29162-D-11); and

WHEREAS, on August 7, 2017, the Court issued a Final Judgment Order in lead case Four in One Company v. SF Foods, LP, et al. (Case No. 2:08-cv-03017-KJM-EFB) dismissing on the merits and with prejudice the Consolidated Class Action Complaint against the Settled Defendants;

NOW THEREFORE, the parties hereby stipulate, subject to this Court's approval, that the Settled Defendants be dismissed with prejudice from this action. The action remains active and pending as to Defendants SK Foods, L.P. and Scott Salyer.

ORDER

GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED:

The Court hereby dismisses with prejudice Defendants Ingomar Packing Company, Gregory Pruett, Los Gatos Tomato Products and Stuart Woolf.

IT IS SO ORDERED.