United States District Court, S.D. California
October 7, 2005.
PHOENIX FOOTWEAR GROUP, INC., a Delaware corporation, Plaintiff,
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'
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.
© 1992-2005 VersusLaw Inc.