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Garden Meadow, Inc. v. Grocery Outlet, Inc.

United States District Court, Ninth Circuit

May 9, 2013

GARDEN MEADOW, INC., a Connecticut Corporation, Plaintiff,
v.
GROCERY OUTLET, INC., a California Corporation doing business as GROCERY OUTLET and as IDEAL DISTRIBUTING and JOHN DOES Numbers 1 through 99, Defendants.

Sanjay M. Nangia, (CA State Bar No. 264986), DAVIS WRIGHT TREMAINE LLP, San Francisco, California, F. Ross Boundy, (WA State Bar No. 00403), DAVIS WRIGHT TREMAINE LLP, Seattle, WA, (Appearance Pro Hac Vice), Attorneys for Defendant GROCERY OUTLET, INC.

KYLE ANNE CITRYNELL, SEILLER WATERMAN LLC, Louisville, Kentucky, REGINA VERDUCCI, WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P., San Francisco, CA, Attorneys for Plaintiff GARDEN MEADOW, INC.

STIPULATION OF DISMISSAL AND [PROPOSED] ORDER

LUCY H. KOH, District Judge.

Plaintiff Garden Meadow, Inc. ("Garden Meadow") and Defendant Grocery Outlet, Inc., a California Corporation doing business as Grocery Outlet and as Ideal Distributing ("Grocery Outlet"), by and through their respective attorneys, hereby stipulate to a dismissal of this action with prejudice as to Grocery Outlet and without prejudice as to John Does Numbers 1 through 99, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Each party shall bear its own costs and attorneys' fees.

WHEREFORE, the parties respectfully request that this Court issue an Agreed Order of Dismissal.

IT IS SO STIPULATED.

Pursuant to Local Rule 5-1 and General Order 45 X B, I am the ECF user whose identification and password are being used to file this document. I attest that concurrence in the filing of this document has been obtained from stipulating plaintiff. I have retained records to support this concurrence for subsequent production for the Court, if so ordered, or for inspection upon request by a party, until one year after the final resolution of the action (including appeal, if any).

AGREED ORDER OF DISMISSAL

The Court, having considered the stipulation of the parties, and good cause appearing therefore, orders as follows:

1. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the claims asserted by Plaintiff Garden Meadow, Inc. ("Garden Meadow") are dismissed with prejudice as to Defendant Grocery Outlet, Inc., a California Corporation doing business as Grocery Outlet and as Ideal Distributing, and without prejudice as to Defendants John Does Numbers 1 through 99.

2. Each party shall bear its own costs and attorneys' fees.

IT IS SO ORDERED.


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