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Case 7:21-cv-00062 Document 40 Filed on 03/09/21 in TXSD Page 1 of 3
`
`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`MCALLEN DIVISION
`
`
`LABORATORIOS PISA S.A. de C.V;
`AND CAB ENTERPRISES, INC.,
`
`Plaintiff,
`
`v.
`
`PEPSICO, INC.; AND STOKELY-VAN
`CAMP, INC.,
`
`Defendants.
`
`
`
`


`

`§ Civil No. 7:21-CV-0062

`
`§ JURY DEMANDED

`

`




`
`
`
`
`
`
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`
`
`JOINT STIPULATION TO WITHDRAW PLAINTIFFS’ MOTION FOR A
`TEMPORARY RESTRAINING ORDER, ORDER TO DISSOLVE THE FEBRUARY 27,
`2021 TEMPORARY RESTRAINING ORDER, AND PROPOSED ORDER OF
`DISMISSAL WITH PREJUDICE
`
`
`
`Plaintiffs LABORATORIOS PISA S.A. de C.V; AND CAB ENTERPRISES, INC.,
`
`(collectively “Plaintiffs”), and Defendants PEPSICO, INC.; AND STOKELY-VAN CAMP, INC.,
`
`(collectively “PepsiCo” and together with Plaintiffs, the “Parties”), by and through their
`
`undersigned counsel, state as follows:
`
`WHEREAS, on February 18, 2021, pursuant to Fed. R. Civ. P. 65, Plaintiffs filed Emergency
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`Motions for Temporary Restraining Order and Order to Show Cause for a Preliminary Injunction
`
`[Dkt. 2].
`
`WHEREAS, on February 26, 2021, the Court heard the arguments of counsel on Plaintiffs’
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`Motions.
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`WHEREAS, on February 27, 2021, the Court entered its Order granting Plaintiffs’ Motions
`
`and issued a Temporary Restraining Order [Dkt. 35].
`
`
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`1
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`

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`Case 7:21-cv-00062 Document 40 Filed on 03/09/21 in TXSD Page 2 of 3
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`WHEREAS, the Parties have now reached a confidential settlement agreement under which
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`the Parties have agreed to the terms of this stipulation.
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`WHEREAS, the Parties stipulate that this action be DISMISSED WITH PREJUDICE.
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`IT IS THEREFORE STIPULATED AND AGREED and HEREBY ORDERED under
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`Rule 41(a)(2) that:
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`1. Plaintiffs’ Motions for Temporary Restraining Order and Order to Show Cause for a
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`Preliminary Injunction is dismissed with prejudice;
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`2. The Court dissolves its February 27, 2021 TRO [Dkt. 35];
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`3. This action is DISMISSED WITH PREJUDICE, with each party to bear their own costs
`
`and expenses including attorney's fees; and
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`4. This Court shall retain jurisdiction for the purposes of enforcing the terms of the Parties’
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`settlement agreement.
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`Dated: March 09, 2021
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`
`
`2
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`

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`Case 7:21-cv-00062 Document 40 Filed on 03/09/21 in TXSD Page 3 of 3
`
`/s/ Timothy S. Durst
`
`Timothy S. Durst
`State Bar No. 00786924
`Paul J. Reilly
`State Bar No. 24091605
`BAKER BOTTS LLP
`2001 Ross Avenue
`Dallas, Texas 75201-2980
`United States
`Tel: (214) 953-6500
`Fax: (214) 953-6503
`tim.durst@bakerbotts.com
`paul.reilly@bakerbotts.com
`
`Michael Rodriguez
`State Bar No. 00791553
`ATLAS, HALL & RODRIGUEZ, LLP
`50 West Morrison Road, Ste. A
`Brownsville, TX 78520
`United States
`Tel: (956) 632-9333
`mrodriguez@atlashall.com
`
`ATTORNEYS FOR DEFENDANTS
`
`
`
`
`
`
`
`
`/s/ Paul Tanck
`Paul Tanck (Admitted Pro Hac Vice)
`State Bar No.: 4298840 (New York)
`Greg Carbo (Admitted Pro Hac Vice)
`State Bar No.: 4460101 (New York)
`Neal McLaughlin (Admitted Pro Hac Vice)
`State Bar No.: 4732020 (New York)
`ALSTON & BIRD LLP
`90 Park Avenue
`New York, NY 10016
`Tel: (212) 210-9400 / Fax: (212) 210-9444
`paul.tanck@alston.com
`greg.carbo@alston.com
`neal.mclaughlin@alston.com
`
`
`
`
`Samuel P. Bragg, Attorney-in-Charge
`State Bar No.: 24097413 (Texas)
`S.D. Tex. Bar No.: 3395594
`ALSTON & BIRD LLP
`
`2200 Ross Avenue Suite 2300
`Dallas, TX 75201
`
`ATTORNEYS FOR PLAINTIFFS
`
`
`
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`
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`SIGNED on this the ______day of __________, 2021.
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`
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`____________________________________
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`UNITED STATES DISTRICT JUDGE
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`3
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