Bascom Research, LLC v. Novell, Inc.

Filing 84

ORDER DISMISSING CASE. Signed by Judge Susan Illston on 7/18/13. (tfS, COURT STAFF) (Filed on 7/18/2013)

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6 Sterling A. Brennan (CA State Bar No. 126019) sbrennan@mabr.com L. Rex Sears (Admitted Pro Hac Vice) rsears@mabr.com Jared J. Braithwaite (CA State Bar No. 288642) jbraithwaite@mabr.com MASCHOFF BRENNAN 20 Pacifica, Suite 1130 Irvine, California 92618 Telephone: (949) 202-1900 Facsimile: (949) 453-1104 7 Attorneys for Defendant and Counterclaimant NOVELL, INC. 1 2 3 4 5 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 BASCOM RESEARCH, LLC, a Virginia Limited Liability Company, Plaintiff, 13 14 15 16 v. NOVELL, INC., a Delaware Corporation, Defendant. 17 Case No.: 3:12-cv-06295-SI Judge Susan Illston Courtroom No. 10 STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER Complaint Filed: Trial Date: October 3, 2012 Not Assigned 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER CASE NO.: 3:12-CV-06295-SI 1 Plaintiff and counterdefendant Bascom Research, LLC and defendant and 2 counterclaimant Novell, Inc. pursuant to Fed. R. Civ. P. 41(a)(2) and (c), hereby jointly move the 3 above-entitled Court for an order dismissing all claims and counterclaims in the above-entitled 4 action as between them WITH PREJUDICE, subject to the terms of that certain agreement dated 5 July 15, 2013, with each party to bear its own costs, expenses, and attorneys’ fees. 6 DATED: July 18, 2013 /s/ L. Rex Sears Sterling A. Brennan (CA Bar No. 126019) sbrennan@mabr.com L. Rex Sears (admitted pro hac vice) rsears@mabr.com Jared J. Braithwaite (CA Bar No. 288642) jbraithwaite@mabr.com MASCHOFF BRENNAN 20 Pacifica, Suite 1130 Irvine, CA 92618 Telephone: (949) 242-1900 Facsimile: (949) 453-1104 7 8 9 10 11 12 13 Attorneys for Defendant and Counterclaimant NOVELL, INC. 14 15 Respectfully submitted, DATED: July 18, 2013 16 17 18 19 20 21 /s/ Lisa Kobialka Paul Andre (CA Bar No. 196585) pandre@kramerlevin.com Lisa Kobialka (CA State Bar No. 191404) lkobialka@kramerlevin.com James Hannah (CA Bar No. 237978) jhannah@kramerlevin.com KRAMER LEVIN NAFTALIS & FRANKEL LLP 990 Marsh Road Menlo Park, California 94025 Telephone: (650) 752-1700 Facsimile: (650) 752-1800 Attorneys for Plaintiff and Counterdefendant BASCOM RESEARCH, LLC 22 23 I attest that I have confirmation that counsel for Bascom Research, LLC concur in the filing of 24 this document. 25 /s/ L. Rex Sears L. Rex Sears 26 27 28 STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER CASE NO.: 3:12-CV-06295-SI 2 [PROPOSED] ORDER 1 2 CAME ON THIS DAY for consideration of the “Stipulated Motion for Dismissal with 3 Prejudice” (“Stipulated Motion”) of all claims and counterclaims asserted between plaintiff and 4 counterdefendant Bascom Research, LLC (“Bascom”) and defendant and counterclaimant 5 Novell, Inc. (“Novell”) in the above-entitled action (the “Action”), and the Court being of the 6 opinion that the Stipulated Motion should be GRANTED, 7 8 9 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 1. All claims and counterclaims asserted in the Action between Bascom and Novell 10 are hereby dismissed in their entirety with prejudice, subject to the terms of that certain 11 agreement dated July 15, 2013 (“Agreement”); 12 2. All attorneys’ fees and costs are to be borne by the party that incurred them; and 13 3. This Court shall retain jurisdiction to enforce the Agreement. 14 15 7/18/13 DATED: ___________________ Hon. Judge Susan Illston United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION FOR DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER CASE NO.: 3:12-CV-06295-SI 3