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Nork v. Designed Cookies

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 5, 2010

DEBORAH NORK, LEE ROBERTS AND BAKER'S BOUQUET, PLAINTIFFS,
v.
DESIGNED COOKIES, INC., DEFENDANTS.

The opinion of the court was delivered by: Honorable Charles R. Breyer

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE, WITH RESPECT TO PLAINTIFF LEE ROBERTS

Pursuant to Federal Rule of Civil Procedure 41, Plaintiffs, Deborah Nork, Lee Roberts, and Baker's Bouquet ("Plaintiffs") and Defendant Designed Cookies, Inc. ("DCI"), by and through their respective counsel, hereby agree to the dismissal with prejudice of plaintiff Lee Roberts and all of Lee Roberts' claims against DCI. Plaintiff Lee Roberts shall not seek to recover from DCI the attorneys' fees and costs Mr. Roberts incurred in this matter. DCI shall not seek to recover from Mr. Roberts the attorneys fees and costs DCI incurred in this matter.

DCI shall not seek to recover from Deborah Nork or Baker's Bouquet the attorneys' fees or costs DCI incurred solely as a result of defending against Mr. Roberts' claim.

Dated: March 31, 2010

ATTESTATION CLAUSE

I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories and from my clients.

Pursuant to the parties' stipulation and Federal Rule of Civil Procedure 41, it is hereby ordered that plaintiff Lee Roberts and all of Lee Roberts' claims against Designed Cookies Inc. ("DCI") are dismissed with prejudice. Plaintiff Lee Roberts shall not seek to recover from DCI the attorneys' fees and costs Mr. Roberts incurred in this matter. DCI shall not seek to recover from Mr. Roberts the attorneys fees and costs DCI incurred in this matter. DCI shall not seek to recover from Deborah Nork or Baker's Bouquet the attorneys fees or costs DCI incurred solely as a result of defending against Mr. Roberts' claim.

IT IS SO ORDERED.

20100405

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