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Case 7:21-cv-00062 Document 41 Filed on 03/10/21 in TXSD Page 1 of 2
`United States District Court
`Southern District of Texas
`ENTERED
`March 10, 2021
`Nathan Ochsner, Clerk
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`MCALLEN DIVISION
`
`
`LABORATORIOS PISA S.A. de C.V.; and
`CAB ENTERPRISES, INC.,
`
`
`
`VS.
`
`PEPSICO, INC.; and STOKELY-VAN
`CAMP INC.,
`
`
`
`Plaintiffs,
`
`Defendants.
`
`CIVIL ACTION NO. 7:21-cv-00062
`
`§
`§
`§
`§
`§
`
`§ §
`
`
`§
`§
`§
`§
`
`ORDER
`
`
`
`
`The Court now considers the parties’ “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.”1 The parties have “reached
`
`a confidential settlement agreement” and stipulate that this case be dismissed with prejudice.2
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`Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs may dismiss an action without a
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`Court order by filing a notice of dismissal before Defendants file an answer or motion for
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`summary judgment. Because the parties stipulated to dismissal before Defendants filed either an
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`answer or motion for summary judgment, Plaintiffs have effectively dismissed the case and no
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`further action by this Court is necessary.3
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`
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`The Court’s February 27, 2021 Temporary Restraining Order expires upon further order
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`of the Court.4 In light of the parties’ stipulation of dismissal and request that the Court dissolve
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`
`1 Dkt. No. 40.
`2 Id. at 2.
`3 See Bechuck v. Home Depot U.S.A., Inc., 814 F.3d 287, 291 (5th Cir. 2016) (quoting In re Amerijet Int'l, Inc., 785
`F.3d 967, 973 (5th Cir. 2015) (per curiam)).
`4 Dkt. No. 35 at 20.
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`1 / 2
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`

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`Case 7:21-cv-00062 Document 41 Filed on 03/10/21 in TXSD Page 2 of 2
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`its Temporary Restraining Order,5 the Court hereby DISSOLVES its Temporary Restraining
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`Order6 and the effect of all temporary injunctions.
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`
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`All of Plaintiffs’ claims are DISMISSED WITH PREJUDICE. All deadlines and
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`conferences in this case are CANCELLED and any pending motion, request, or other matter is
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`DENIED AS MOOT. The Clerk of the Court is instructed to close this case.
`
`IT IS SO ORDERED.
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`DONE at McAllen, Texas, this 10th day of March 2021.
`
`
`
`
`
`
`
`___________________________________
`Micaela Alvarez
`United States District Judge
`
`
`5 Dkt. No. 40 at 2, ¶ 2.
`6 Dkt. No. 35.
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`2 / 2
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`

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