UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 8, 2010
LION RAISINS, INC., PLAINTIFF,
UNITED STATES DEPARTMENT OF AGRICULTURE; UNITED STATES DEPARTMENT OF JUSTICE, DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
Defendants, United States Department of Agriculture ("USDA") and United States Department of Justice ("DOJ"), file this response to the Request for Dismissal (Doc. 18) filed by Plaintiff, Lion Raisins, Inc. ("Lion"). As Lion noted in its request, Lion has entered into a global settlement agreement under which the USDA's allegations against Lion, relating to forgery and alteration of USDA raisin inspection certificates, have been resolved. The settlement agreement provides that "[u]pon execution of this Agreement, Lion agrees to dismiss, without prejudice, all pending administrative, state, and federal court litigation, including: . . . Lion Raisins, Inc. v. USDA and (E.D. Cal) . . .." The settlement agreement contains no reservation or exception that would allow Lion to seek only a partial dismissal and continue this litigation against USDA components Office of Inspector General and Office of General Counsel or against DOJ. Accordingly, Defendants have notified Lion that its proposed partial dismissal is improper and that the agreement requires a complete dismissal of this action. Lion has refused to stipulate to a complete dismissal.
Defendants intend to file by July 23, 2010, their motion to enforce the settlement agreement and to dismiss this action in its entirety pursuant to the express terms of that agreement. DEFENDANTS THEREFORE REQUEST that the Court vacate the hearing and briefing schedule on summary judgment (Scheduling Conference Order, Doc. 14) pending the Court's ruling on enforcement of the settlement agreement.
Respectfully submitted, Dated: July 8, 2010. BENJAMIN B. WAGNER United States Attorney BENJAMIN E. HALL Assistant U.S. Attorney Attorneys for Defendants
IT IS SO ORDERED.
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