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PHOENIX FOOTWEAR GROUP, INC. v. MARK TUCKER

United States District Court, S.D. California


October 7, 2005.

PHOENIX FOOTWEAR GROUP, INC., a Delaware corporation, Plaintiff,
v.
MARK TUCKER, INC., a New York corporation; SAKS INCORPORATED, a Tennessee corporation, SAKS & COMPANY, a New York corporation; SACKS FIFTH AVENUE ENTERPRISES INC., a New York corporation; SEARS, ROEBUCK AND CO., a New York corporation; and DOES 1 through 20, inclusive, Defendants. SEARS, ROEBUCK AND CO., a New York corporation, MARK TUCKER, INC., a New York corporation, Counter-Claimants, v. PHOENIX FOOTWEAR GROUP, INC., a Delaware corporation; and Roes 1 through 20, inclusive, Counter-Defendants.

The opinion of the court was delivered by: ROGER BENITEZ, District Judge

STIPULATION AND ORDER TO DISMISS ACTION

TO THE COURT:

  By and through their respective attorneys of record, the parties enter into the following stipulation ("Stipulation"):

  Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, plaintiff Phoenix Footwear Group, Inc. and all defendants hereby stipulate to the dismissal of this action in its entirety, in accordance with Section 4 of their Settlement Agreement and Limited Release ("Settlement Agreement") with an effective date of June 30, 2005. Each party to bear its own costs and attorneys' fees.

  The parties respectfully ask that the Court accept this Stipulation and so Order. ORDER

  Based upon the stipulation and agreement of the parties and good cause having been shown, IT IS ORDERED that this action is dismissed in accordance with the parties' Stipulation and Section 4 of their Settlement Agreement.

20051007

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