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Nork v. Designed Cookies

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 28, 2010

DEBORAH NORK AND BAKER'S BOUQUET, PLAINTIFFS,
v.
DESIGNED COOKIES, INC., DEFENDANT.

The opinion of the court was delivered by: Honorable Charles R. Breyer United States District Court Judge

STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE BETWEEN PLAINTIFF DEBORAH NORK AND DEFENDANT

The Honorable Charles R. Breyer

Pursuant to Federal Rule of Civil Procedure 41, Plaintiff, DEBORAH NORK ("Nork"), and Defendant, DESIGNED COOKIES, INC. ("DCI"), by and through their respective counsel, hereby agree to the dismissal without prejudice of their respective claims against each other as set forth in Plaintiffs' Complaint (D.E. #1) and DCI's Answer and Counterclaim (D.E. #81).

Both parties agree to bear their own attorneys' fees and costs incurred in this matter. In addition, DCI agrees not to seek to recover from Plaintiff Baker's Bouquet the attorneys' fees or costs DCI incurred solely as a result of defending against Deborah Nork's claims.

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.

By:________/s/ Himanshu M.Patel__________

Himanshu M. Patel

[PROPOSED] ORDER

Pursuant to the parties' stipulation and Federal Rule of Civil Procedure 41, it is hereby ordered that Plaintiff Deborah Nork and Defendant Designed Cookies, Inc. hereby dismiss their respective claims against each other without prejudice as set forth in Plaintiffs' Complaint (D.E. #1) and DCI's Answer and Counterclaim (D.E. #81). Both parties agree to bear their own attorneys' fees and costs incurred in this matter. In addition, DCI shall not seek to recover from Plaintiff Baker's Bouquet the attorneys' fees or costs DCI incurred solely as a result of defending against Deborah Nork's claims.

IT IS SO ORDERED.

20100628

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