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Baldur Sys. Corp. v. Wenger Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Jan 10, 2012
Case No. 11-CV-4396SI (N.D. Cal. Jan. 10, 2012)

Opinion

Case No. 11-CV-4396SI

01-10-2012

BALDUR SYSTEMS CORPORATION, a California corporation, Plaintiff. v. WENGER CORPORATION, a Minnesota corporation, and DOES 1-20, Defendants.

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


Summaries of

Baldur Sys. Corp. v. Wenger Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Jan 10, 2012
Case No. 11-CV-4396SI (N.D. Cal. Jan. 10, 2012)
Case details for

Baldur Sys. Corp. v. Wenger Corp.

Case Details

Full title:BALDUR SYSTEMS CORPORATION, a California corporation, Plaintiff. v. WENGER…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Jan 10, 2012

Citations

Case No. 11-CV-4396SI (N.D. Cal. Jan. 10, 2012)