In Re: Food Services Management Inc

Filing 10

STIPULATION AND ORDER signed by Judge Morrison C. England, Jr. on 5/26/2010 DISMISSING CASE the above entitled appeal with each party bearing their own fees and costs incurred in connection with the appeal, and paying any courts costs or fees that may still remain due and payable. CASE CLOSED. (Reader, L)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jeffrey S. Bosley, CA SBN 167629 Email: jbosley@winston.com Richard A. Lapping, CA SBN 107496 Email: rlapping@winston.com WINSTON & STRAWN LLP 101 California Street San Francisco, CA 94111-5894 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 ATTORNEYS FOR THE DULY APPOINTED CHAPTER 11 TRUSTEE OF DEFENDANT AND DEBTOR KOBRA ASSOCIATES, INC., BEVERLY N. MCFARLAND UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA In Re: Food Service Management, Inc., Debtor, Beverly N. McFarland Chapter 11 Trustee, vs. Appellant, Case No. 2:10-CV-01032-MCE Bankruptcy Case No. 09-40066-C-11 The Honorable Morrison C. England, Jr. JOINT STIPULATION FOR DISMISSAL OF APPEAL FROM BANKRUPTCY COURT; ORDER Equal Employment Opportunity Commission, Appellee. Pursuant to Federal Bankruptcy Rule of Procedure 8001(c)(2), Beverly N. McFarland, the duly appointed Chapter 11 Trustee for Kobra Associates Inc. and other debtors, and the U.S. Equal Employment Opportunity Commission (the "EEOC"), through their respective attorneys of record, hereby stipulate and agree to dismiss the above entitled appeal with each party bearing their own fees and costs incurred in connection with the appeal, and paying any courts costs or fees that may still remain due and payable. 1 STIPULATION RE: DISMISSAL Case No. 2:10-CV-01032-MCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 17, 2010 WINSTON & STRAWN LLP By: /s/ Richard A. Lapping Richard A. Lapping Jeffrey S. Bosley Attorneys for the Duly Appointed Chapter 11 Trustee of Appellant and Debtor Kobra Associates, Inc., Beverly N. McFarland Dated: May 17, 2010 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By: /s/ Dana C. Johnson Dana C. Johnson Attorneys for Appellee EEOC IT IS SO ORDERED. Dated: May 26, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE _______________________ 2 STIPULATION RE: DISMISSAL Case No. 2:10-CV-01032-MCE

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