Golf City Products et al v. Aftershock et al, No. 4:2011cv03547 - Document 21 (N.D. Cal. 2011)
Court Description: ORDER Granting 20 Stipulation for with Prejudice Dismissal of Action as to Aftershock, Jennifer White, and Rex White. Signed by Judge Claudia Wilken on 9/29/2011. (ndr, COURT STAFF) (Filed on 9/29/2011)
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Golf City Products et al v. Aftershock et al Doc. 21 1 STUART C. CLARK (SBN 124152) clark@carrferrell.com 2 CARR & FERRELL LLP 3 120 Constitution Drive Menlo Park, California 94025 4 Telephone: (650) 812-3400 Facsimile: (650) 812-3444 5 RONALD L. ROHDE (SBN 196308) 6 calpatent@yahoo.com 7 LAW OFFICES OF RONALD L. ROHDE 2625 Middlefield Road, # 189 8 Palo Alto, California 94063 Telephone: (510) 290-5210 9 10 Attorneys for plaintiffs GOLF CITY PRODUCTS and JOHN NISWONGER 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 OAKLAND DIVISION 14 GOLF CITY PRODUCTS, a partnership, and CASE NO. c 11-03547 CW 15 JOHN NISWONGER, an individual, Plaintiffs, 16 17 v. 18 AFTERSHOCK, a sole proprietorship, JENNIFER WHITE, an individual, REX 19 WHITE, an individual, JSMD KEY PRODUCTS, LLC, a corporation, and JAMES 20 LARSON, an individual, Defendants. 21 22 23 24 25 26 27 STIPULATION AND ORDER FOR WITH PREJUDICE DISMISSAL OF ACTION AS TO AFTERSHOCK, JENNIFER WHITE, AND REX WHITE WHEREAS: A. Plaintiffs Golf City Products and John Niswonger (“Plaintiffs”) have reached an agreement with Aftershock, Jennifer White, and Rex White (the “Aftershock Defendants”), settling the disputes as between Plaintiffs and the Aftershock Defendants which form the subject of this action, and all related disputes; B. The settlement agreement provides, among other things, that this action shall be 28 {00549156v1} -1STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX WHITE Dockets.Justia.com 1 dismissed with prejudice as to the Aftershock Defendants, and that this Court shall retain 2 jurisdiction to enforce the settlement agreement, if necessary: 3 NOW THEREFORE, IT IS HEREBY STIPULATED by and between plaintiffs Golf City 4 Products and John Niswonger, of the one part, and Aftershock, Jennifer White, and Rex White, of 5 the other part, through their undersigned counsel, that: 6 1. The action shall be dismissed with prejudice as to Aftershock, Jennifer White, and 7 Rex White; 8 2. This Court shall retain jurisdiction to enforce the settlement agreement, and to 9 adjudicate any disputes relating to the performance or non performance by any party of its 10 obligations under the settlement agreement, and for all other purposes relating to the settlement 11 agreement; and, 12 3. Plaintiffs Golf City Products and John Niswonger, and Aftershock, Jennifer White, 13 and Rex White, shall each pay their own costs and attorneys’ fees with regard to this action, as 14 between each other. 15 Dated: August , 2011 16 By: /s/Stuart C. Clark Stuart C. Clark (#124152) CARR & FERRELL LLP 120 Constitution Drive Menlo Park, CA 94025 17 18 19 _______ Attorneys for plaintiffs GOLF CITY PRODUCTS and JOHN NISWONGER 20 21 22 Dated: August , 2011 23 24 25 26 27 28 {00549156v1} By: /s/Laurence D. Grossman Laurence D. Grossman (#47937) _______ LAW OFFICES OF LAURENCE GROSSMAN 1701 Solar Drive, #261 Oxnard, CA 93030-0154Telephone: (650) 812-3400 Attorneys for defendants AFTERSHOCK, JENNIFER WHITE, and REX WHITE -2STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX WHITE 1 2 3 4 ACCORDING TO STIPULATION, IT IS SO ORDERED DATED: September 29, 2011 __ 5 6 HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {00549156v1} -3STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX WHITE 1 2 3 PROOF OF SERVICE I am a citizen of the United States. My business address is 120 Constitution Drive, Menlo Park, California 94025. I am employed in the county of San Mateo where this service occurs. I am 4 5 6 over the age of 18 years and not a party to the within cause. I am readily familiar with my employer’s normal business practice for collection and processing of correspondence for mailing 7 with the U.S. Postal Service, and that practice is that correspondence is deposited with the U.S. 8 Postal Service the same day as the day of collection in the ordinary course of business. 9 On the date set forth below, following ordinary business practice, I served true copies of the 10 foregoing document(s) described as STIPULATION AND [PROPOSED] ORDER FOR WITH 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PREJUDICE DISMISSAL OF ACTION AS TO AFTERSHOCK, JENNIFER WHITE, AND REX WHITE (BY EMAIL) by transmitting via electronic mail the document(s) listed above to the email address(es) set forth below, or as stated on the attached service list. (BY MAIL) by causing envelopes containing such copies, with postage thereon fully prepaid, to be placed in the United States Mail at Menlo Park, California, addressed as follows. William R. Hill, Esq. Donahue Gallagher Woods LLP 1999 Harrison Street, 25th Floor Oakland, CA 94612-3520 Email: rock@donahue.com Robert Jensen, Esq. Jensen & Puntigam, P.S. 2033 6th Ave, Suite 1020 Seattle, WA 98121 Email: BJ@jensenpuntigam.com Attorneys for JSMD Key Products LLC and Attorneys for JSMD Key Products LLC and James Larson James Larson Laurence Grossman, Esq. Law Offices of Laurence Grossman 1701 Solar Drive, Suite 261 Oxnard, CA 93030 larryglaw@gmail.com 26 27 Attorneys for Aftershock, Jennifer White, and Rex White 28 {00549156v1} -4STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX WHITE 1 I declare under penalty of perjury under the laws of the United States of America that the 2 foregoing is true and correct. 3 Executed on September , 2011 at Menlo Park, California. 4 5 CHERI HOULE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {00549156v1} -5STIPULATION FOR DISMISSAL AS TO DEFENDANTS AFTERSHOCK, JENNIFER WHITE, AND REX WHITE 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 {00549156v1}
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