Opinion
Case No. 11-CV-4396SI
01-10-2012
Respectfully submitted, HARRISON & KAYLOR DANIEL KAYLOR Attorneys for Plaintiff BALDUR CORPORATION GRAY PLANT MOOTY CHARLES L. MA1ER Attorneys for Defendant WENGER CORPORATION Respectfully submitted, HARRISON & KAYLOR DANIEL KAYLOR Attorneys for Plaintiff BALDUR CORPORATION
DANIEL KAYLOR (State Bar No. 99831)
HARRISON & KAYLOR
JEFFREY G. KNOWLES (State Bar No. 129754)
KATHLEEN F. McCONNELL (State Bar No. 239479)
COBLENTZ, PATCH, DUFFY & BASS LLP
CHARLES C. MAIER (admitted pro hac vice)
GRAY PLANT MOOTY
Attorneys for Defendant
WENGER CORPORATION
STIPULATION RE; DISMISSAL WITH PREJUDICE OF ENTIRE ACTION; [PROPOSED] ORDER
This Stipulation is entered into by and between Baldur Systems Corporation ("Baldur"), on the one hand, and Wenger Corporation ("Wenger"), on the other hand. Baldur and Wenger may be referred to herein severally as a "Party" or jointly as the "Parties."
This Stipulation is made with reference to the following recitals:
WHEREAS, on July 26, 2011, the complaint in this action was filed in the Superior Court of the State of California, County of Alameda: and
WHEREAS, on September 2, 2011 Wenger removed this action to federal court;
WHEREAS on September 9, 2011. Wenger filed its answer to the complaint: and
WHEREAS. Baldur and Wenger have entered into a settlement agreement, pursuant to which this action is to be dismissed with prejudice; and
WHEREAS. Rule 41(a) of the Federal Rules of Civil Procedure requires a stipulation of dismissal in order that Baldur may dismiss this action; and
WHEREAS, the Parties have agreed that each shall bear its own attorneys' fees and costs; and
WHEREAS, the Parties agree that Baldur shall file this Stipulation with the Court for an order thereon;
NOW THEREFORE, subject to the Court's approval, Baldur and Wenger, by and through their respective undersigned counsel, hereby stipulate as follows:
1. The foregoing recitals are hereby incorporated by this reference.
2. This action shall be dismissed with prejudice in its entirety, each party to bear its own attorneys' fees and costs.
3. Baldur shall file this Stipulation with the Court for an order thereon.
Respectfully submitted,
HARRISON & KAYLOR
By ____________
DANIEL KAYLOR
Attorneys for Plaintiff
BALDUR CORPORATION
GRAY PLANT MOOTY
By ____________
CHARLES L. MA1ER
Attorneys for Defendant
WENGER CORPORATION
ATTESTATION OF CONCURRENCE
I. Daniel Kaylor. as the ECF user and filer of this document, attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Charles C. Maier, the above signatory.
Respectfully submitted,
HARRISON & KAYLOR
By ____________
DANIEL KAYLOR
Attorneys for Plaintiff
BALDUR CORPORATION
[PROPOSED] ORDER
Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED that this action is hereby DISMISSED WITH PREJUDICE in its entirety, each party to bear its own attorneys' fees and costs.
____________
Hon. Susan Illston
United States District Judge