Safe Storage Llc v. Dot Hill Systems Corp.

MOTION to Dismiss Based upon Stipulated Motion to Dismiss with Prejudice -

D. Del.April 25, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SAFE STORAGE LLC, Plaintiff, v. DOT HILL SYSTEMS CORP., Defendant. C.A. No. 12-1625 (GMS) STIPULATED MOTION TO DISMISS WITH PREJUDICE Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and the terms of a separate Settlement and License Agreement, Plaintiff, Safe Storage, LLC (“SSL”) and Defendant, Dot Hill Systems Corp. (“Defendant”) have agreed to settle, adjust and compromise all claims and counterclaims in the above-captioned action. SSL and Defendant, therefore, move this Court to dismiss the above-entitled cause and all claims and counterclaims of the parties made therein with prejudice to the re-filing of same. SSL and Defendant further move the Court to order that all costs and expenses relating to this litigation (including attorney and expert fees and expenses) shall be borne solely by the party incurring same. A proposed Order accompanies this motion. Case 1:12-cv-01625-GMS Document 62 Filed 04/25/17 Page 1 of 2 PageID #: 992 Dated: April 25, 2017 BAYARD, P.A. /s/ Stephen B. Brauerman Richard D. Kirk (No. 0922) Stephen B. Brauerman (No. 4952) 222 Delaware Avenue, Suite 900 P.O. Box 25130 Wilmington, DE 19801 (302) 655-5000 rkirk@bayardlaw.com sbrauerman@bayardlaw.com Of Counsel: Marc A. Fenster Jeffrey Z.Y. Liao RUSS, AUGUST & KABAT 12424 Wilshire Boulevard, 12th Floor Los Angeles, CA 90025 (310) 826-7474 mfenster@raklaw.com jliao@raklaw.com Attorneys for Plaintiff Safe Storage LLC MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Thomas C. Grimm Thomas C. Grimm (#1098) 1201 N. Market Street Wilmington, DE 19899-1347 (302) 658-9200 tgrimm@mnat.com Attorneys for Defendant Dot Hill Systems Corp. Case 1:12-cv-01625-GMS Document 62 Filed 04/25/17 Page 2 of 2 PageID #: 993 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SAFE STORAGE LLC, Plaintiff, v. DOT HILL SYSTEMS CORP., Defendant. C.A. No. 12-1625 (GMS) STIPULATED [PROPOSED] ORDER OF DISMISSAL CAME ON TO BE CONSIDERED the Agreed Motion To Dismiss With Prejudice by Plaintiff, Safe Storage, LLC (“SSL”) and Defendant, Dot Hill Systems Corp. (“Defendant”). The Court is of the opinion that the motion should be GRANTED. IT IS THEREFORE ORDERED that the above-entitled cause and all claims and counterclaims of SSL and Defendant made therein are hereby DISMISSED with prejudice to the re-filing of same. All costs and expenses relating to this litigation (including attorney and expert fees and expenses) shall be borne solely by the party incurring same. IT IS FURTHER ORDERED that this Court shall retain jurisdiction over this action and the parties for the purpose of enforcing the terms of the separate Settlement and License Agreement entered into by and between SSL and Defendant. SIGNED this ____ day of ____, 2017. ____________________________________ Hon. Gregory M. Sleet United States District Judge Case 1:12-cv-01625-GMS Document 62-1 Filed 04/25/17 Page 1 of 1 PageID #: 994