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Susan Mora, As Trustee of the Merl Saunders v. Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 17, 2011

SUSAN MORA, AS TRUSTEE OF THE MERL SAUNDERS
TRUST; MERL SAUNDERS, JR., AS TRUSTEE OF THE MERL SAUNDERS TRUST; AND TONY SAUNDERS, AS
TRUSTEE OF THE MERL SAUNDERS TRUST,
JERRY GARCIA FAMILY LLC AND KEELIN PLAINTIFFS,
v.
GARCIA, AS SUCCESSOR TO DEFENDANT KEELIN GARCIA TESTAMENTARY TRUST; JERRY GARCIA ESTATE LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; JERRY GARCIA FAMILY LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; RHINO ENTERTAINMENT COMPANY, A DELAWARE CORPORATION; WARNER MUSIC GROUP CORP., A DELAWARE CORPORATION; WARNER STRATEGIC MARKETING, INC., A DELAWARE CORPORATION; DEBORAH KOONS-GARCIA (SUED AS DOE 1), AN INDIVIDUAL; DEBORAH KOONS-GARCIA (SUED AS DOE 2) AND DAVID HELLMAN (SUED AS DOE 3) AND DOES 5 THROUGH 10, AS TRUSTEES OF THE KEELIN GARCIA TESTAMENTARY TRUST (SUED AS JERRY GARCIA FAMILY LLC AND KEELIN GARCIA, AS SUCCESSOR TO DEFENDANT KEELIN GARCIA TESTAMENTARY TRUST DOE 4); AND DOES 11 THROUGH 1000, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard Seeborg United States District Judge

STIPULATION RE: DISMISSAL WITH PREJUDICE OF DEFENDANTS [E-FILING]

[PROPOSED] ORDER STIPULATION RE: DISMISSAL WITH PREJUDICE OF DEFENDANTS

This Stipulation is entered into by and between SUSAN MORA, as Trustee of The Merl Saunders Trust; MERL SAUNDERS, JR., as Trustee of The Merl Saunders Trust; and ANTHONY SAUNDERS WASHINGTON, as Trustee of The Merl Saunders Trust (collectively "Plaintiffs"), on the one hand, and JERRY GARCIA FAMILY LLC, a California limited liability company (the "Family LLC"); and KEELIN GARCIA, as successor to the KEELIN GARCIA TESTAMENTARY TRUST ("K. Garcia"), on the other hand. Plaintiffs, the Family LLC, and K. Garcia may be referred to herein severally as a "Party" or jointly as the "Parties."

This Stipulation is made with reference to the following recitals:

WHEREAS, on December 29, 2008, the complaint in this action was filed; and

WHEREAS, on June 26, 2009, a first amended complaint was filed; and WHEREAS, on February 17, 2011, the Family LLC and K. Garcia separately filed answers to the first amended complaint; and WHEREAS, Plaintiffs, the Family LLC, K. Garcia and other members of the Family LLC have entered into a settlement agreement, pursuant to which the Family LLC and K. Garcia are to be dismissed with prejudice; and WHEREAS, Rule 41(a) of the Federal Rules of Civil Procedure requires a stipulation of dismissal in order that Plaintiffs may dismiss this action as to those parties; and WHEREAS, the Parties have agreed that each shall bear its own attorneys' fees and costs; and WHEREAS, the Parties agree that Plaintiffs shall file this Stipulation with the Court for an order thereon;

NOW THEREFORE, subject to the Court's approval, Plaintiffs, the Family LLC and K. Garcia, by and through their respective undersigned counsel, hereby stipulate as follows:

1.0 The foregoing recitals are hereby incorporated by this reference.

2.0 Defendants Jerry Garcia Family LLC and Keelin Garcia, as successor to the Keelin Garcia Testamentary Trust, shall be dismissed with prejudice from this action, each party to bear its own attorneys' fees and costs.

3.0 Plaintiffs shall file this Stipulation with the Court for an order thereon.

IDELL & SEITEL, LLP Dated: June 16, 2011 By: Richard J. Idell Ory Sandel Attorneys for Plaintiffs DONAHUE GALLAGHER WOODS LLP Dated: June 16, 2011 By: Eric Doney Lawrence K. Rockwell Eric A. Handler Attorneys for Defendant Jerry Garcia Family LLC and Keelin Garcia, as successor to Defendant Keelin Garcia Testamentary Trust ATTESTATION OF CONCURRENCE I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Lawrence K. Rockwell, the above signatory.

IDELL & SEITEL , LLP Dated: June 16, 2011 By: Richard J. Idell Ory Sandel Attorneys for Plaintiffs

Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED that Defendants Jerry Garcia Family LLC and Keelin Garcia, as successor to the Keelin Garcia Testamentary Trust, are hereby DISMISSED WITH PREJUDICE from this action, each party to bear its own attorneys' fees and costs.

Dated:

20110617

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