UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
June 28, 2011
LION RAISINS, INC., PLAINTIFF,
UNITED STATES DEPARTMENT OF AGRICULTURE; UNITED STATES DEPARTMENT OF JUSTICE,
The opinion of the court was delivered by: Hon. Oliver W. Wanger
STIPULATION OF DISMISSAL; ORDER THEREON
1. On November 3, 2009, Plaintiff LION RAISINS, INC., a California corporation ("LION") filed its Amended Complaint under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 for injunctive and other relief seeking the disclosure, release, and physical access to agency records allegedly withheld from LION by the UNITED STATES DEPARTMENT OF AGRICULTURE, and its components Agricultural Marketing Service ("AMS"), Office of the General Counsel ("OGC"), and Office of Inspector General ("OIG"), and defendant UNITED STATES DEPARTMENT OF JUSTICE ("DOJ").
2. On January 11, 2010, Defendants USDA and DOJ filed their Answer to Amended Complaint for Declaratory and Injunctive Relief [Freedom of Information Act].
3. On June 20, 2011 Defendants filed their Motion for Summary Judgment pursuant to rule 56 of the Federal Rules of Civil Procedure.
1. IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that the above-captioned action be and hereby is dismissed without prejudice pursuant to FRCP 41(a)(1).
2. IT IS FURTHER STIPULATED that by entering into this STIPULATION, LION does not waive any claims available to it by law, and the doctrines of res judicata and/or collateral estoppel are not effectuated by this dismissal.
Respectfully submitted, LION RAISINS, INC. By: /s/ Wesley T. Green WESLEY T. GREEN Corporate Counsel Attorney for Plaintiff Dated: June 27, 2011 BENJAMIN B. WAGNER United States Attorney [As authorized on June 27, 2011] By: /s/ Benjamin E. Hall BENJAMIN E. HALL Assistant U.S. Attorney Attorneys for Defendant
IT IS SO ORDERED.
Dated: June 28, 2011
Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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